LIBRARY 

UNIVERSITY  OF  CALIFORNIA 
DAVIS 


MR  BUCHANAN'S 


ADMINISTRATION 


ON  THE 


EYE  OF  THE  REBELLION. 


NEW  YOKE  : 

D.  APPLETON  AND    COMPANY, 

i 

443  &  445  BROADWAY. 
1866. 


LIBRARY 

UNIVEKSJTY  OF  CALIFORNIA 
DAVIS 


ENTERED  according  to  Act  of  Congress,  in  the  year  1865,  by 

D.  APPLETON   &   COMPANY, 
in  the  Clerk's  Office  of  the  District  Court  for  the  Southern  District  of  New  York. 


PBEFACE. 


THE  following  historical  narrative  of  the  events  preceding 
the  late  rebellion  was  prepared  soon  after  its  outbreak,  sub 
stantially  in  the  present  form.  It  may  be  asked,  Why,  then,  was 
it  not  published  at  an  earlier  period  ?  The  answer  is,  that  the 
publication  was  delayed  to  avoid  the  possible  imputation,  un 
just  as  this  would  have  been,  that  any  portion  of  it  was  in 
tended  to  embarrass  Mr.  Lincoln's  administration  in  the  vigor 
ous  prosecution  of  pending  hostilities.  The  author  deemed  it 
far  better  to  suffer  temporary  injustice  than  to  expose  himself 
to  such  a  charge.  He  never  doubted  the  successful  event  of 
the  war,  even  during  its  most  gloomy  periods.  Having  drawn 
his  first  breath  soon  after  the  adoption  of  the  Federal  Constitu 
tion  and  the  Union  which  it  established,  and  having  been  an 
eye-witness  of  the  blessed  effects  of  these,  in  securing  liberty 
and  prosperity  at  home,  and  in  presenting  an  example  to  the 
oppressed  of  other  lands,  he  felt  an  abiding  conviction  that  the 
American  people  would  never  suffer  the  Great  Charter  of  their 
rights  to  be  destroyed.  To  the  Constitution,  as  interpreted  by 
its  framers,  he  has  ever  been  devoted,  believing  that  the  specific 


PBEFACE. 


powers  which  it  confers  on  the  Federal  Government,  notwith 
standing  the  experience  of  the  last  dreary  years,  are  sufficient 
for  almost  every  possible  emergency,  whether  in  peace  or  in 
war.  He,  therefore,  claims  the  merit  —  if  merit  it  be  simply  to 
do  one's  duty  —  that  whilst  in  the  exercise  of  Executive  func 
tions,  he  never  violated  any  of  its  provisions. 

It  may  be  observed  that  no  extensive  and  formidable  rebel 
lion  of  an  intelligent  people  against  an  established  Government 
has  ever  arisen  without  a  long  train  of  previous  and  subsidiary 
causes.  A  principal  object  of  the  author,  therefore,  is  to  pre 
sent  to  the  reader  a  historical  sketch  of  the  antecedents  ending 
in  the  late  rebellion.  In  performing  this  task,  the  eye  naturally 
fixes  itself,  as  the  starting  point,  upon  the  existence  of  domestic 
slavery  in  the  South,  recognized^  and  protected  as  this  was  by 
the  Constitution  of  the  United  States.  "We  shall  not  inquire 
whether  its  patriotic  and  enlightened  framers  acted  with  wise 
foresight  in  yielding  their  sanction  to  an  institution  which  is  in 
itself  a  great  social  evil,  though  they  considered  this  was  neces 
sary  to  avoid  the  still  greater  calamity  of  dissolving  the  Con 
vention  without  the  formation  of  our  Federal  Union. 

The  narrative  will  prove  that  the  original  and  conspiring 
causes  of  all  our  future  troubles  are  to  be  found  in  the  long, 
active,  and  persistent  hostility  of  the  Northern  Abolitionists, 
both  in  and  out  of  Congress,  against  Southern  slavery,  until  the 
final  triumph  of  their  cause  in  the  election  of  President  Lin 
coln  ;  and  on  the  other  hand,  the  corresponding  antagonism  and 
violence  with  which  the  advocates  of  slavery  resisted  these  ef 
forts,  and  vindicated  its  preservation  and  extension  up  till  the 
period  of  secession.  So  excited  were  the  parties,  that  had  they 


PREFACE.  V 

intended  to  furnish  material  to  inflame  the  passions  of  the  one 
against  the  other,  they  could  not  have  more  effectually  suc 
ceeded  than  they  did  by  their  mutual  criminations  and  recrimi 
nations.  Thi  struggle  continued  without  intermission  for  more 
than  the  quarter  of  a  century,  except  within  the  brief  interval 
between  the  passage  of  the  Compromise  measures  of  1850  and 

-T  O  -L 

the  repeal  of  the  Missouri  Compromise  in  1854,  during  which 
the  hostile  feelings  of  the  parties  were  greatly  allayed,  and 

-V 

hopes  were  entertained  that  the  strife  might  finally  subside. 
These  peaceful  prospects,  it  will  appear,  were  soon  blasted  by 
the  repeal  of  this  Compromise,  and  the  struggle  was  then  re 
newed  with  more  bitterness  than  ever  until  the  final  catastro 
phe.  Many  grievous  errors  were  committed  by  both  parties 
from  the  beginning,  but  the  most  fatal  of  them,  all  was  the  se 
cession  of  the  cotton  States. 

The  authorities  cited  in  the  work  will  show  that  Mr.  Bu 
chanan  never  failed,  upon  all  suitable  occasions,  to  warn  his 
countrymen  of  the  approaching  danger,  and  to  advise  them  of 
the  proper  means  to  avert  it.  Both  before  and  after  he  became 
President  he  was  an  earnest  advocate  of  compromise  between 
the  parties  to  save  the  Union,  but  Congress  disregarded  his  rec 
ommendations.  Even  after  he  had,  in  his  messages,  exposed 
the  dangerous  condition  of  public  affairs,  and  when  it  had  be 
come  morally  certain  that  all  his  efforts  to  avoid  the  civil  war 
would  be  frustrated  by  agencies  far  beyond  his  control,  they 
persistently  refused  to  pass  any  measures  enabling  him  or  his 
successor  to  execute  the  laws  against  armed  resistance,  or  to 
defend  the  country  against  approaching  rebellion. 

The  book  concludes  by  a  notice  of  the  successful  domestic 


VI  PBEFACE. 

and  foreign  policy  of  the  administration.  In  the  portion  of  it 
concerning  our  relations  with  the  Mexican  Republic,  a  history 
of  the  origin  and  nature  of  "  the  Monroe  doctrine "  is  appro 
priately  included. 

It  has  been  the  author's  intention,  in  the  following  pages,  to 
verify  every  statement  of  fact  by  a  documentary  or  other  au 
thentic  reference,  and  thus  save  the  reader,  as  far  as  may  be 
possible,  from  reliance  on  individual  memory.  From  the  use 
of  private  correspondence  he  has  resolutely  abstained. 

WHKATLAND,  September,  1865. 


CONTENTS. 


CHAPTER  I. 

p 

The  rise  and  progress  of  Anti-Slavery  agitation — The  Higher  Law — Anti-Sla 
very  Societies — Their  formation  and  proceedings — Their  effect  destructive 
of  State  Emancipation — The  case  in  Virginia — Employment  of  the  Post  Office 
to  circulate  incendiary  publications  and  pictures  among  the  slaves — Message 
of  General  Jackson  to  prohibit  this  by  law — His  recommendation  defeated — 
The  Pulpit,  the  Press,  and  other  agencies — Abolition  Petitions — The  rise  of 
an  extreme  Southern  Pro-Slavery  party — The  Fugitive  Slave  Law  of  1793,  and 
the  case  of  Prigg  vs.  Pennsylvania,  and  its  pernicious  effects — The  South 
threaten  Secession — The  course  of  Mr.  Buchanan  as  Senator — The  Wilmot 
Proviso  and  its  consequences — The  Union  in  serious  danger  at  the  meeting 
of  Congress  in  December,  1849,  r«-:.  -  t:  ;«,—  x^*  .&  -  :v,  •<  r  ;«  fa  •.?.  *  r 


CHAPTER  II. 

Meeting  of  Congress  in  December,  1849— The  five  Acts  constituting  the  Com 
promise  of  September,  1850 — Effect  of  the  Compromise  in  allaying  excitement 
— Whig  and  Democratic  Platforms  indorse  it — President  Pierce' s  happy  ref 
erence  to  it  in  his  Message  of  December,  1853 — The  repeal  of  the  Missouri 
Compromise  reopens  the  slavery  agitation— Its  passage  in  March,  1820,  and 
character — Its  recognition  by  Congress  in  1845,  on  the  Annexation  of  Texas — 
The  history  of  its  repeal— This  repeal  gives  rise  to  the  Kansas  troubles— 
Their  nature  and  history — The  Lecompton  Constitution  and  proceedings  of 
Congress  upon  it— The  Republican  party  greatly  strengthened— Decision  of 
the  Supreme  Court  in  the  Dred  Scott  case — Repudiated  by  the  Republican 
party  and  by  the  Douglas  Democracy — Sustained  by  the  old  Democracy — The 
Kansas  and  Nebraska  Act — The  policy  and  practice  of  Congress  toward  the 
Territories — Abuse  of  President  Buchanan  for  not  adhering  to  the  Cincinnati 
Platform  without  foundation,  .  .  .  .  .  .  .  21 


yiii  CONTENTS. 

CHAPTER  HI. 

r 

Senator  Seward—  The  "Irrepressible  Conflict"—  Helper's  "Impending  Crisis"— 
The  John  Brown  Raid—  The  nature  of  Fanaticism—  The  Democratic  National 
Convention  at  Charleston—  Its  proceedings  and  adjournment  to  Baltimore- 
Reassembling  at  Baltimore  and  proceedings  there  —  Its  breaking  up  and  di 
vision  into  the  Douglas  and  the  Breckinridge  Conventions  —  Proceedings  of 
each—  Review  of  the  whole  and  the  effect  on  the  South,  .  . 


CHAPTER  IV. 

The  heresy  of  Secession  —  Originated  in  New  England  —  Maintained  by  Josiah 
Quincy  and  the  Hartford  Convention,  by  Mr.  Rawle  and  Mr.  John  Quincy 
Adams,  but  opposed  by  the  South  —  Southern  Secession  dates  from  South  Car 
olina  Nullification  —  Its  character  and  history  —  The  Compromise  Tariff  of  1833 
—The  Nullifiers  agitate  for  Secession—  Mr.  Calhoun—  Mr.  Cobb  against  it- 
Warnings  of  the  Democratic  party  —  They  are  treated  with  contempt  —  Seces 
sion  encouraged  by  the  Republicans  —  The  Cotton  States  led  to  believe  they 
would  be  allowed  to  depart  in  peace  —  President  Buchanan  warned  them 
against  this  delusion,  .  .  .  .  .  .  . 


CHAPTER  V. 

General  Scott's  "Views,"  and  the  encouragement  they  afforded  to  the  cotton 
States  to  secede  —  Their  publication  by  him  in  the  "National  Intelligencer"  — 
His  recommendation  in  favor  of  four  distinct  Confederacies  —His  recommen 
dation  to  reenforce  nine  of  the  Southern  forts,  and  the  inadequacy  of  the 
troops  —  The  reason  of  this  inadequacy  —  The  whole  army  required  on  the  fron 
tiers  —  The  refusal  of  Congress  to  increase  it  —  Our  fortifications  necessarily 
left  without  sufficient  garrisons  for  want  of  troops  —  The  President's  duty  to 
refrain  from  any  hostile  act  against  the  cotton  States,  and  smooth  the  way  to 
a  compromise—  The  rights  of  those  States  in  no  danger  from  Mr.  Lincoln's 
election  —  Their  true  policy  was  to  cling  to  the  Union,  . 


CHAPTER  VL 

Mr.  Lincoln's  election  to  the  Presidency — Its  danger  to  the  Union — Warnings  of 
the  President  and  his  trying  position — His  policy  in  the  emergency,  and  the 
reasons  for  it — His  supreme  object  the  preservation  of  the  Union — Meeting  of 
Congress,  and  the  hostility  of  the  two  parties  toward  each  other — The  wrongs 
of  the  South— How  rash  and  causeless  would  be  rebellion  in  the  cotton  States 
— The  right  of  secession  discussed  and  denied  in  the  Message— The  President's 
position  defined— Question  of  the  power  to  coerce  a  State— Distinction  be 
tween  the  power  to  wage  war  against  a  State,  and  the  power  to  execute  the 
laws  against  individuals— Views  of  Senator  (now  President)  Johnson,  of  Ten 
nessee — President  Buchanan's  solemn  appeal  in  favor  of  the  Union — His  es 
trangement  from  the  secession  leaders— Cessation  of  all  friendly  intercourse 
between  him  and  them,  -» .  .  ...  .  108 


CONTENTS.  IX 

CHAPTER  VH. 

PAGE 

Refusal  of  Congress  to  act  either  with  a  view  to  conciliation  or  defence — The  Sen 
ate  Committee  of  Thirteen  and  its  proceedings — Mr.  Crittenden  submits  his 
Compromise  to  the  Committee — Its  nature — The  Committee  unable  to  agree — 
Testimony  of  Messrs.  Douglas  and  Toombs  that  the  Crittenden  Compromise 
would  have  arrested  secession  in  the  cotton  States — Mr.  Crittenden  proposes 
to  refer  his  amendment  to  the  people  of  the  several  States  by  an  act  of  ordi 
nary  legislation — His  remarks  in  its  favor — Proceedings  thereon — Expression 
of  public  opinion  in  its  favor — President  Buchanan  recommends  it — Recom 
mendation  disregarded  and  proposition  defeated  by  the  Clark  amendment — 
Observations  thereon — Peace  Convention  proposed  by  Virginia — Its  meeting 
and  proceedings — Amendment  to  the  Constitution  reported  by  Mr.  Guthrie, 
chairman  of  the  committee — Its  modification  on  motion  of  Mr.  Franklin,  and 
final  adoption  by  the  Convention — Virginia  and  North  Carolina  vote  with 
Connecticut,  Maine,  Massachusetts,  New  Hampshire,  and  Vermont  against  it 
— Its  rejection  by  the  United  States  Senate — The  House  of  Representatives 
refuse  even  to  receive  it — Every  Republican  member  in  both  branches  of  Con 
gress  opposed  to  it,  .  --\--.  ..  >  m  ....  134 

CHAPTER  VIII. 

Congress  passes  no  measures  to  enable  the  President  to  execute  the  laws  or  de 
fend  the  Government — They  decline  to  revive  the  authority  of  the  Federal 
Judiciary  in  South  Carolina,  suspended  by  the  resignation  of  all  the  judicial 
officers — They  refuse  authority  to  call  forth  the  militia  or  accept  volunteers, 
to  suppress  insurrections  against  the  United  States,  and  it  was  never  proposed 
to  grant  an  appropriation  for  this  purpose — The  Senate  declines  throughout 
the  entire  session  to  act  upon  the  nomination  of  a  Collector  of  the  Port  of 
Charleston — Congress  refuses  to  grant  to  the  President  the  authority  long 
since  expired,  which  had  been  granted  to  General  Jackson  for  the  collection 
of  the  revenue — The  36th  Congress  expires,  leaving  the  law  just  as  they  found 
it — General  observations,  .  .  .  .  .  .  .  .  153 

CHAPTER  IX. 

The  forts  in  Charleston  harbor — Conduct  toward  them  and  the  reasons  for  it — 
To  guard  against  surprise  reinforcements  ready — Instructions  to  Major  An 
derson — Interview  with  South  Carolina  members — General  Scott  again  recom 
mends  the  garrisoning  of  all  the  forts — Reasons  against  it — The  compromise 
measures  still  depending — Want  of  troops — Observations  on  General  Scott's 
report  to  President  Lincoln — His  letter  to  Secretary  Seward,  and  the  man 
ner  in  which  it,  with  the  report,  was  brought  to  light  and  published — Mr.  Bu 
chanan's  reply  to  the  report — General  Scott's  statement  of  the  interview 
with  President  Buchanan  on  15th  December,  and  observations  thereupon — 
The  example  of  General  Jackson  in  1833,  and  why  it  was  inapplicable,  .  162 

CHAPTER  X. 

South  Carolina  adopts  an  ordinance  of  secession,  and  appoints  Commissioners  to 
treat  with  the  General  Government— Their  arrival  in  Washington— Major  An- 


CONTENTS. 


derson's  removal  from  Fort  Moultrie  to  Fort  Sumter — The  President's  inter 
view  with  the  Commissioners,  who  demand  a  surrender  of  all  the  forts — His 
answer  to  this  demand — Their  insolent  reply,  and  its  return  to  them — Its  pre 
sentation  to  the  Senate  by  Mr.  Davis — Secretary  Floyd  requested  to  resign — 
He  resigns  and  becomes  a  secessionist — Fort  Sumter  threatened — The  Brook 
lyn  ordered  to  carry  re5nforcements  to  the  fort — The  Star  of  the  West  substi 
tuted  at  General  Scott's  instance — She  is  fired  upon — Major  Anderson  de 
mands  of  Governor  Pickens  a  disavowal  of  the  act — The  Governor  demands 
the  surrender  of  the  fort — The  Major  proposes  to  refer  the  question  to  Wash 
ington — The  Governor  accepts — The  truce — Colonel  Hayne  and  Lieutenant 
Hall  arrive  in  Washington  on  the  13th  January — Letter  from  Governor  Pickens 
not  delivered  to  the  President  until  the  31st  January — The  answer  to  it — 
Colonel  Hayne' s  insulting  reply — It  is  returned  to  him — Virginia  sends  Mr. 
Tyler  to  the  President  with  a  view  to  avoid  hostilities— His  arrival  in  Wash 
ington  and  his  proposals — Message  of  the  President,  .  -  '»  .  .  180 

CHAPTER  S3. 

Fort  Sumter  again — An  expedition  prepared  to  relieve  it — The  expedition  aban 
doned  on  account  of  a  despatch  from  Major  Anderson — Mr.  Holt's  letter  to 
President  Lincoln — Fort  Pickens  in  Florida — Its  danger  from  the  rebels — 
The  Brooklyn  ordered  to  its  relief— The  means  by  which  it  was  saved  from 
capture  approved  by  General  Scott  and  Messrs.  Holt  and  Toucey,  with  the 
rest  of  the  Cabinet— Refutation  of  the  charge  that  arms  had  been  stolen— Re 
port  of  the  Committee  on  Military  Affairs  and  other  documentary  evidence — 
The  Southern  and  Southwestern  States  received  less  than  their  quota  of 
arms— The  Pittsburg  cannon— General  Scott's  unfounded  claim  to  the  credit 
of  preventing  their  shipment  to  the  South — Removal  of  old  muskets — Their 
value — Opinion  of  Mr.  Holt  in  regard  to  the  manner  in  which  President  Bu 
chanan  conducted  the  administration,-  .  .  .  .  .  .  209 

CHAPTER  XII. 

The  reduction  of  the  expenses  of  the  Government  under  Mr.  Buchanan's  admin 
istration—The  expedition  to  Utah— The  Covode  Committee,  .  ....  .231 

CHAPTER  XHI. 

The  successful  foreign  policy  of  the  administration  with  Spain,  Great  Britain, 
China,  and  Paraguay — Condition  of  the  Mexican  Republic ;  and  the  recom 
mendations  to  Congress  thereupon  not  regarded,  and  the  effect— The  treaty 
with  Mexico  not  ratified  by  the  Senate,  and  the  consequences — The  origin, 
history,  and  nature  of  the  "  Monroe  Doctrine,"  .  .  .  .258 


MR.  BUCHANAN'S  ADMINISTRATION. 


OHAPTEE    I. 

The  rise  and  progress  of  Anti-Slavery  agitation — The  Higher  Law — Anti-Slavery 
Societies — Their  formation  and  proceedings — Their  effect  destructive  of  State 
Emancipation — The  case  in  Virginia — Employment  of  the  Post  Office  to  circulate 
incendiary  publications  and  pictures  among  the  slaves — Message  of  General  Jack 
son  to  prohibit  this  by  law — His  recommendation  defeated — The  Pulpit,  the  Press, 
and  other  agencies— Abolition  Petitions— The  rise  of  an  extreme  Southern  Pro- 
Slavery  party— The  Fugitive  Slave  Law  of  1793,  and  the  case  of  Prigg  vs.  Penn 
sylvania,  and  its  pernicious  effects — The  South  threaten  Secession — The  course 
of  Mr.  Buchanan  as  Senator — The  Wilmot  Proviso  and  its  consequences — The 
Union  in  serious  danger  at  the  meeting  of  Congress  in  December,  1849. 

THAT  the  Constitution  does  not  confer  upon  Congress  power 
to  interfere  with  slavery  in  the  States,  has  been  admitted  by  all 
parties  and  confirmed  by  all  judicial  decisions  ever  since  the  ori 
gin  of  the  Federal  Government.  This  doctrine  was  emphatically 
recognized  by  the  House  of  Representatives  in  the  days  of 
"Washington,  during  the  first  session  of  the  first  Congress,*  and 
has  never  since  been  seriously  called  in  question.  Hence,  it  be 
came  necessary  for  the  abolitionists,  in  order  to  furnish  a  pretext 
for  their  assaults  on  Southern  slavery,  to  appeal  to  a  law  higher 
than  the  Constitution. 

Slavery,  according  to  them,  was  a  grievous  sin  against  God, 
and  therefore  no  human  Constitution  could  rightfully  shield  it 
from  destruction.  It  was  sinful  to  live  in  a  political  confed 
eracy  which  tolerated  slavery  in  any  of  the  States  composing  it ; 
and  if  this  could  not  be  eradicated,  it  would  become  a  sacred 

*  Annals  of  Congress,  vol.  ii.,  p.  1474,  Sept.  1, 1789V90. 


10  ME.  BUCHANAN'S  ADMINISTRATION 

duty  for  the  free  States  to  separate  from  their  guilty  associates. 
This  doctrine  of  the  higher  law  was  preached  from  the  pulpits 
and  disseminated  in  numerous  publications  throughout  New 
England.  At  the  first,  it  was  regarded  with  contempt  as  the 
work  of  misguided  fanatics.  Ere  long,  however,  it  enlisted  nu 
merous  and  enthusiastic  partisans..  These  were  animated  with 
indomitable  zeal  in  a  cause  they  deemed  so  holy.  They  consti 
tuted  the  movement  party,  and  went  ahead ;  because,  whether 
from  timidity  or  secret  sympathy,  the  conservative  masses  failed 
in  the  beginning  to  resist  its  progress  in  an  active  and  deter 
mined  spirit. 

The  anti-slavery  party  in  its  career  never  stopped  to  reflect 
that  slavery  was  a  domestic  institution,  exclusively  under  the 
control  of  the  sovereign  States  where  it  existed ;  and  therefore, 
if  sinful  in  itself,  it  was  certainly  not  the  sin  of  the  people  of 
New  England.  With  equal  justice  might  conscience  have  im 
pelled  citizens  of  Massachusetts  to  agitate  for  the  suppression 
of  slavery  in  Brazil  as  in  South  Carolina.  In  both  cases  they 
were  destitute  of  all  rightful  power  over  the  subject. 

The  Constitution  having  granted  to  Congress  no  power  over 
slavery  in  the  States,  the  abolitionists  were  obliged  to  resort  to 
indirect  means  outside  of  the  Constitution  to  accomplish  their 
object.  The  most  powerful  of  these  was  anti-slavery  agitation.: 
agitation  for  the  double  purpose  of  increasing  the  number  of 
their  partisans  at  home,  and  of  exciting  a  spirit  of  discontent  and 
resistance  among  the  slaves  of  the  South.  This  agitation  was 
conducted  by  numerous  anti-slavery  societies  scattered  over  the 
North.  It  was  a  new  and  important  feature  of  their  organiza 
tion  that  women  were  admitted  as  members.  Sensitive  and  en 
thusiastic  in  their  nature  against  wrong,  and  believing  slavery  to 
be  a  mortal  sin,  they  soon  became  public  speakers,  in  spite  of  the 
injunctions  of  an  inspired  apostle ;  and  their  harangues  were 
quite  as  violent  and  extreme  as  those  of  their  fathers,  husbands, 
and  brothers.  Their  influence  as  mothers  was  thus  secured  and 
directed  to  the  education  of  the  rising  generation  in  anti-slavery 
principles.  Never  was  an  organization  planned  and  conducted 
with  greater  skill  and  foresight  for  the  eventual  accomplishment 
of  its  object. 


ON  THE   EVE   OF  THE  BEBELLION.  11 

The  New  England  Anti-Slavery  Society  was  organized  in 
Boston  on  January  30th,  1832 ;  that  of  New  York  in  October, 
1833  ;  and  the  National  Society  wasorganized  in  Philadelphia 
in  December,  1833.  Affiliated  societies  soon  became  numer 
ous. 

After  the  formation  of  the  New  England  society  the  agitation 
against  Southern  slavery  proceeded  with  redoubled  vigor,  and 
this  under  the  auspices  of  British  emissaries.  One  of  the  first 
and  most  pernicious  effects  of  these  proceedings  was  to  arrest 
the  natural  progress  of  emancipation  under  legitimate  State 
authority. 

When  this  agitation  commenced,  the'subject  of  such  emanci 
pation  was  freely  discussed  in  the  South,  and  especially  in  the 
grain-growing  border  States,  and  had  enlisted  numerous  and 
powerful  advocates.  In  these  States  the  institution  had  become 
unprofitable.  According  to  the  witty  and  eccentric  Yirginian,  Mr. 
Randolph,  if  the  slave  did  not  soon  run  away  from  the  master, 
the  master  would  run  away  from  the  slave.  Besides,  at  this 
period  nobody  loved  slavery  for  its  own  sake. 

Virginia,  whose  example  has  always  exercised  great  influence 
on  her  sister  States,  was,  in  1832,  on  the  verge  of  emancipation.* 
The  current  was  then  running  strong  in  its  favor  throughout  the 
State.  Many  of  the  leading  men,  both*  the  principal  newspapers, 
and  probably  a  majority  of  the  people  sustained  the  policy 
and  justice  of  emancipation.  Numerous  petitions  in  its  favor 
were  presented  to  the  General  Assembly.  Mr.  Jefferson  Ran 
dolph,  a  worthy  grandson  of  President  Jefferson,  and  a  delegate 
from  one  of  the  largest  slaveholding  counties  of  the  common 
wealth  (Albemarle),  brought  forward  a  bill  in  the  House  to  ac 
complish  the  object.  This  was  fully  and  freely  discussed,  and 
was  advocated  by  many  prominent  members.  Not  a  voice 
was  raised  throughout  the  debate  in  favor  of  slavery.  Mr.  Ran 
dolph,  finding  the  Legislature  not  quite  prepared  for  so  deci 
sive  a  measure,  did  not  press  it  to  a  final  vote ;  but  yet  the  House 
resolved,  by  a  majority  of  65  to  58,  "  that  they  were  profoundly 
sensible  of  the  great  evils  arising  from  the  condition  of  the  color 
ed  population  of  the  commonwealth,  and  were  induced  by  policy 

*  Letter  of  Geo.  W.  Randolph  to  Nahum  Capen,  of  18th  April,  1851. 


12  MB.  BUCHANAN'S  ADMINISTRATION 

as  well  as  humanity  to  attempt  the  immediate  removal  of  the  free 
negroes ;  but  that  further  action  for  the  removal  of  the  slaves 
should  await  a  more  definite  development  of  public  opinion." 

Mr.  Randolph's  course  was  approved  by  his  constituents,  and 
at  the  next  election  he  was  returned  by  them  as  a  member  of  the 
House  of  Delegates,  on  this  very  question.  Unfortunately,  at 
this  moment  the  anti-slavery  agitation  in  New  England  began 
to  assume  an  alarming  aspect  for  the  peace  and  security  of  the 
Southern  people.  In  consequence,  they  denounced  it  as  a  foreign 
and  dangerous  interference  with  rights  which  the  Constitution 
had  left  exclusively  under  their  own  control.  An  immediate  and 
powerful  reaction  against  emancipation  by  State  authority  was 
the  [result,  and  this  good  cause,  to  which  so  many  able  and 
patriotic  Southern  men  had  been  devoted,  was  sacrificed. 

Mr.  Randolph  himself,  a  short  time  thereafter,  expressed  a 
confident  belief  to  the  author,  that  but  for  this  interference,  the 
General  Assembly  would,  at  no  distant  day,  have  passed  a  law 
for  gradual  emancipation.  He  added,  so  great  had  been  the  re 
vulsion  of  public  sentiment  in  Virginia,  that  no  member  of  that 
body  would  now  dare  to  propose  such  a  measure. 

The  abolitionists  became  bolder  and  bolder  as  they  advanced. 
They  did  not  hesitate  to  pervert  the  Post  Office  Department  of 
the  Government  to  the  advancement  of  their  cause.  Through 
its  agency,  at  an  early  period,  they  scattered  throughout 
the  slaveholding  States  pamphlets,  newspapers,  and  pictorial 
representations  of  an  incendiary  character,  calculated  to  arouse 
the  savage  passions  of  the  slaves  to  servile  insurrection.  So 
alarming  had  these  efforts  become  to  the  domestic  peace  of  the 
South,  that  General  Jackson  recommended  they  should  be  pro 
hibited  by  law,  under  severe  penalties.  He  said,  in  his  annual 
message  of  2d  December,  1835 :  "  I  must  also  invite  your  attention 
to  the  painful  excitement  produced  in  the  South  by  attempts  to 
circulate,  through  the  mails,  inflammatory  appeals  addressed  to 
the  passions  of  the  slaves,  in  prints,  and  in  various  sorts  of  pub 
lications,  calculated  to  stimulate  them  to  insurrection  and  to  pro 
duce  all  the  horrors  of  a  servile  war."  *  And  he  also  commended  to 
the  special  attention  of  Congress  "  the  propriety  of  passing  such  a 

*  2  Statesman's  Manual,  1018. 


ON  THE  EVE  OF  THE  EEBELLION.  13 

law  as  will  prohibit,  under  severe  penalties,  the  circulation  in  the 
Southern  States,  through  the  mails,  of  incendiary  publications  in 
tended  to  instigate  the  slaves  to  insurrection."  * 

A  bill  for  this  purpose  was  reported  to  the  Senate,  but  after  a 
long  and  animated  debate,  it  was  negatived,  on  the  8th  of  June, 
1836,  by  a  vote  of  19  to  25.f  It  is  worthy  of  remark,  that  even 
at  this  early  period  not  a  single  Senator  from  New  England, 
whether  political  friend  or  opponent  of  General  Jackson,  voted 
in  favor  of  the  measure  he  had  so  emphatically  recommended. 
All  the  Senators  from  that  portion  of  the  Union,  under  the  lead 
of  Messrs.  Webster  and  Davis,  of  Massachusetts,  denied  to  Con 
gress  the  Constitutional  power  of  passing  any  law  to  prevent  the 
abolitionists  from  using  our  own  mails  to  circulate  incendiary 
documents  throughout  the  slaveholding  States,  even  though 
these  were  manifestly  intended  to  promote  servile  insurrection 
and  civil  war  within  their  limits.  The  power  and  duty  of  Con 
gress  to  pass  the  bill  were  earnestly  urged  by  Mr.  Buchanan, 
then  a  Senator  from  Pennsylvania,  in  opposition  to  the  objections 
of  Mr.  Webster. 

This  anti-slavery  agitation  in  New  England  was  prosecuted  by 
other  and  different  agencies.  The  pulpit,  the  press,  State  Le 
gislatures,  State  and  county  conventions,  anti-slavery  societies, 
and  abolition  lectures  were  all  employed  for  this  purpose. 
Prominent  among  them  were  what  were  called,  in  the  lan 
guage  of  the  day,  abolition  petitions. 

Throughout  the  session  of  1835-'6,  and  for  seve'ral  succeeding 
sessions,  these  petitions  incessantly  poured  in  to  Congress.  They 
prayed  for  the  abolition  of  slavery  in  the  District  of  Columbia, 
and  in  the  forts,  magazines,  arsenals,  and  dockyards  of  the  United 
States  within  the  slaveholding  States.  They  also  protested 
against  the  admission  of  any  new  slaveholding  State  into  the 
Union,  and  some  of  them  went  even  so  far  as  to  petition  for  a 
dissolution  of  the  Union  itself. 

These  petitions  were  signed  by  hundreds  of  thousands  of  men, 
women,  and  children.  In  them  slavery  was  denounced  as  a  na 
tional  sin  and  a  national  disgrace.  Every  epithet  was  employed 

*  2  Statesman's  Manual,  p.  1019. 

,t  Senate  Journal,  June  2, 1836,  pp.  399, 400,  and  Con.  Globe  of  June  8, 1836. 


14  MB.  BUCHANAN'S  ADMINISTRATION 

calculated  to  arouse  tlie  indignation  of  the  Southern  people.  The 
time  of  Congress  was  wasted  in  violent  debates  on  the  subject  of 
slavery.  In  these  it  would  be  difficult  to  determine  which  of  the 
opposing  parties  was  guilty  of  the  greatest  excess.  "Whilst  the 
South  threatened  disunion  unless  the  agitation  should  cease,  the 
North  treated  such  threats  with  derision  and  defiance.  It  be 
came  manifest  to  every  reflecting  man  that  two  geographical 
parties,  the  one  embracing  the  people  north  and  the  other  those 
south  of  Mason  and  Dixon's  line,  were  in  rapid  process  of  for 
mation — an  event  so  much  dreaded  by  the  Father  of  his 
Country. 

It  is  easy  to  imagine  the  effect  of  this  agitation  upon  the  proud, 
sensitive,  and  excitable  people  of  the  South.  One  extreme  natu 
rally  begets  another.  Among  the  latter  there  sprung  up  a  party 
as  fanatical  in  advocating  slavery  as  were  the  abolitionists  of  the 
North  in  denouncing  it.  At  the  first,  and  for  a  long  time,  this 
party  was  small  in  numbers,  and  found  it  difficult  to  excite  the 
masses  to  support  its  extreme  views.  These  Southern  fanatics, 
instead  of  admitting  slavery  to  be  an  evil  in  itself,  pronounced 
it  to  be  a  great  good.  Instead  of  admitting  that  it  had  been  re 
luctantly  recognized  by  the  Constitution  as  an  overruling  poli 
tical  necessity,  they  extolled  it  as  the  surest  support  of  freedom 
among  the  white  race.  If  the  fanatics  of  the  North  denounced 
slavery  as  evil  and  only  evil,  and  that  continually,  the  fanatics 
of  the  South  upheld  it  as  fraught  with  blessings  to  the  slave  as 
well  as  to  his  master.  Far  different  was  the  estimation  in  which 
it  was  held  by  Southern  patriots  and  statesmen  both  before  and 
for  many  years  after  the  adoption  of  the  Constitution.  These 
looked  forward  hopefully  to  the  day  when,  with  safety  both  to 
the  white  and  black  race,  it  might  be  abolished  by  the  people 
of  the  slaveholding  States  themselves,  who  alone  possessed  the 
power. 

The  late  President,  as  a  Senator  of  the  United  States,  from 
December,  1834,  until  March,  1845,  lost  no  opportunity  of  warn 
ing  his  countrymen  of  the  danger  to  the*  Union  from  a  persist 
ence  in  this  anti-slavery  agitation,  and  of  beseeching  them  to 
suffer  the  people  of  the  South  to  manage  their  domestic  affairs 
in  their  own  way.  All  they  desired,  to  employ  their  oft-repeat- 


(Xtf   THE   EVE   OF   THE   BEBELLION.  15 

ed  language,  was  "  to  be  let  alone."  "With  a  prophetic  vision,  at 
so  early  a  period  as  the  9th  March,  1836,  he  employed  the  fol 
lowing  language  in^the  Senate :  "  Sir,"  said  Mr.  B.,  "  this  ques 
tion  of  domestic  slavery  is  the  weak  point  in  our  institutions. 
Tarifis  may  be  raised  almost  to  prohibition,  and  then  they  may 
be  reduced  so  as  to  yield  no  adequate  protection  to  the  manufac 
turer;  our  Union  is  sufficiently  strong  to  endure  the  shock. 
Fierce  political  storms  may  arise — the  moral  elements  of  the 
country  may  be  convulsed  by  the  struggles  of  ambitious  men  for 
the  highest  honors  of  the  Government — the  sunshine  does  not 
more  certainly  succeed  the  storm,  than  that  all  will  again  be 
peace.  Touch  this  question  of  slavery  seriously— let  it  once  be 
made  manifest  to  the  people  of  the  South  that  they  cannot  live 
with  us,  except  in  a  state  of  continual  apprehension  and  alarm 
for  their  wives  and  their  children,  for  all  that  is  near  and  dear  to 
them  upon  the  earth — and  the  Union  is  from  that  moment  dis 
solved.  It  does  not  then  become  a  question  of  expediency,  but 
of  self-preservation.  It  is  a  question  brought  home  to  the  fire 
side,  to  the  domestic  circle  of  every  white  man  in  the  Southern 
States.  This  day,  this  dark  and  gloomy  day  for  the  Eepublic, 
will,  I  most  devoutly  trust  and  believe,  never  arrive.  Although, 
in  Pennsylvania,  we  are  all  opposed  to  slavery  in  the  abstract, 
yet  we  will  never  violate  the  Constitutional  compact  which  we 
have  made  with  our  sister  States.  Their  rights  will  be  held 
sacred  by  us.  Under  the  Constitution  it  is  their  own  question, 
and  there  let  it  remain."  * 

A  new  source  of  anti-slavery  agitation  was  about  this  time 
opened  against  the  execution  of  the  old  Fugitive  Slave  Law,  passed 
in  February,  1T93. 

This  was  greatly  increased  by  the  decision  of  the  Supreme 
Court  of  the  United  States,  at  the  January  term,  1842,  in  the  case 
of  Prigg  vs.  the  Commonwealth  of  Pennsylvania,  f  It  is  true, 
the  opinion  of  the  Court,  delivered  by  Mr.  Justice  Story, 
explicitly  affirmed  the  Constitutional  right  of  the  master 
to  recover  his  fugitive  slave  in  any  State  to  which  he  had  fled. 
It  even  went  so  far  as  to  clothe  the  master  himself  "  with  full 

*  Gales  and  Beaton's  Register  of  Debates,  vol.  xii.,  part  1,  1835-' 6,  p.  781. 
t  16  Peters,  539. 


16  ME.  BUCHANAN'S  ADMINISTRATION 

authority,  in  every  State  of  the  Union,  to  seize  and  recapture 
his  slave,  wherever  he  can  do  it  without  a  breach  of  the  peace 
or  any  illegal  violence."  After  these  strong  affirmations  it  be 
comes  necessary  to  state  the  reason  why  this  decision  became  the 
occasion  of  increased  anti-slavery  agitation. 

The  act  of  1793  *  authorized  and  required  State  judges  and 
magistrates,  in  common  with  judges  of  the  United  States,  to 
carry  its  provisions  into  effect.  At  the  date  of  its  passage  no 
doubt  was  entertained  of  the  power  of  Congress  to  direct  this 
duty  to  be  performed  by  appropriate  State  authorities.  From 
the  small  number  of  Federal  judges  in  each  State,  and  their  dis 
tance  from  each  other,  the  masters,  in  almost  every  instance,  re 
sorted  to  the  magistrate  of  the  "  county,  city,  or  town  corporate," 
where  the  slave  had  been  arrested.  Before  him  the  necessary  proof 
was  made,  and,  upon  being  satisfied,  he  granted  a  certificate  to  the 
master,  which  was  a  sufficient  warrant  under  the  law  "  for  re 
moving  the  said  fugitive  from  labqr  to  the  State  or  Territory 
from  which  he  or  she  fled."  These  State  magistrates1  were  fa 
miliar  to  the  people  of  the  respective  localities,  and  their  duties 
were  performed  in  a  satisfactory  manner,  and  with  but  little 
complaint  or  commotion.  This  continued  to  be  the  practice 
until  the  opinion  of  the  Court  in  the  case  of  Prigg  was  pro 
nounced.  In  this  it  was  decided  that  State  magistrates  were 
not  bound  to  perform  these  duties ;  and  the  question  whether 
they  would  do  so  or  not,  was  left  entirely  to  their  own  discre 
tion. 

It  was  thus  rendered  competent  for  State  Legislatures  to  pro 
hibit  their  own  functionaries  from  aiding  in  the  execution  of  the 
Fugitive  Slave  Act. 

Then  commenced  a  furious  agitation  against  the  execution 
of  this  so-called  "  sinful  and  inhuman  "  law.  State  magistrates 
were  prevailed  upon  by  the  abolitionists  to  refuse  their  agency  in 
carrying  it  into  effect.  The  Legislatures  of  several  States,  in 
conformity  with  this  decision,  passed  laws  prohibiting  these 
magistrates  and  other  State  officials  from  assisting  in  its  execu 
tion.  The  use  of  the  State  jails  was  denied  for  the  safe-keep 
ing  of  the  fugitives.  Personal  Liberty  Bills  were  passed,  inter- 

*  1  U.  S.  L.  302. 


ON   THE   EVE   OF   THE   REBELLION.  17 

posing  insurmountable  obstacles  to  the  recovery  of  slaves.  Every 
means  winch  ingenuity  could  devise  was  put  in  operation  to 
render  the  law  a  dead  letter.  Indeed,  the  excitement  against  it 
rose  so  high  that  the  life  and  liberty  of  the  master  who  pursued 
his  fugitive  slave  into  a  free  State  were  placed  in  imminent  peril. 
For  this  he  was  often  imprisoned,  and,  in  some  instances, 
murdered. 

The  Fugitive  Slave  Law,  although  passed  under  the  admin 
istration  of  Washington  for  the  purpose  of  carrying  into  effect  a 
plain,  clear,  and  mandatory  provision  of  the  Constitution,  was 
set  at  naught.  And  this  was  done  in  the  face  of  a  well-known 
historical  fact,  that  without  such  a  provision  the  Constitution  it 
self  never  could  have  existed.  Without  this  law  the  slaveholder 
would  have  had  no  remedy  to  enforce  his  Constitutional  right. 
There  would  have  been  no  security  for  his  property.  If  the 
slave,  by  simply  escaping  across  a  State  line,  could  make  him 
self  free,  the  guarantees  of  the  Constitution  in  favor  of  the  mas 
ter  would  be  effectually  abolished.  These  very  guarantees  were 
rendered  practically  of  little  or  no  avail,  by  the  decision  of  the 
Court  in  the  case  of  Prigg  vs.  Pennsylvania,  declaring  that  the 
Congress  of  1793  had  violated  the  Constitution  by  requiring 
State  magistrates  to  aid  in  executing  the  law. 

We  have  no  disposition  to  dispute  the  binding^force  of  this 
decision,  although  made  by  a  bare  majority  against  the  opinion 
of  Chief- Justice  Taney  and  three  other  judges.  It  was  never 
theless  pronounced  by  the  Constitutional  tribunal  in  the  last  re 
sort,  and  therefore  challenges  the  obedience,  if  not  the  approval, 
of  every  law-abiding  citizen. 

Mr.  Justice  Story  himself  seems  to  have  clearly  and  compla 
cently  foreseen  the  injurious  consequences  to  the  rights  of  the 
slaveholder  which  would  result  from  his  decision.  In  his 
biography,  written  by  his  son  (vol.  ii.,  p.  392),  it  is  stated  :  "  But 
in  establishing,  contrary  to  the  opinion  of  four  of  the  judges,  that 
the  extradition  of  fugitive  slaves  is  exclusively  within  the  juris 
diction  of  the  Federal  Government,  and  that  the  State  Legisla 
tures  are  prohibited  from  interfering,  even  to  assist  in  giving 
effect  to  the  clause  in  the  Constitution  on  this  subject ;  he  (Judge 
Story)  considered  that  a  great  point  had  been  gained  for  liberty; 


18  MB.  BUCHANAN'S  ADMINISTBATTON 

so  great  a  point,  indeed,  that,  on  his  return  from  Washington,  he 
repeatedly  and  earnestly  spoke  of  it  to  his  family  and  his  inti 
mate  friends  as  being  '  a  triumph  of  freedom.' " 

Again  (page  394) :  "  ISTor  were  these  views  contradicted  by 
subsequent  experience.  From  the  day  of  the  decision  of  Prigg 
vs.  the  Common  wealth  of  Pennsylvania,  the  act  of  1793  was,"  says 
his  biographer,  6C  a  dead  letter  in  the  free  States." 

The  slaveholders,  thus  deprived  of  their  rights,  began  to 
threaten  secession  from  the  Union.  They  contended  that,  the 
people  of  the  Northern  States  having  violated  the  Constitution 
in  a  fundamental  provision  necessary  to  their  peace  and  safety, 
they  of  the  South,  according  to  the  settled  rules  governing  the 
construction  of  all  contracts,  whether  between-  States  or  individ 
uals,  had  a  right  to  rescind  it  altogether. 

In  1846,  in  the  midst  of  the  agitation  against  the  Fugitive 
Slave  Law,  came  that  on  the  Wilmot  Proviso.  This  asserted  it 
to  be  the  right  and  duty  of  Congress  to  prohibit  the  people  of  the 
Southern  States  from  emigrating  with  their  slave  property  to  the 
common  territory  of  the  United  States,  which  might  be  acquired 
by  the  war  with  Mexico.  Thus  was  raised  anew  the  question  in 
regard  to  slavery  in  the  territories,  which  has  since  proved  so 
fatal. 

In  May,  1846,  the  existence  of  war  with  Mexico,  by  the  act 
of  that  Republic,  was  recognized  by  Congress,  and  measures  were 
adopted  for  its  prosecution.* 

On  the  4th  of  August,  1846,  near  the  close  of  the  session,f 
President  Polk,  desirous  of  restoring  peace  as  speedily  as  pos 
sible,  and  of  adjusting  the  boundaries  between  the  two  Republics 
in  a  satisfactory  manner,  asked  Congress  for  a  small  contingent 
appropriation,  to  be  applied  to  this  purpose,  which  it  might  or 
might  not  become  necessary  to  employ  before  their  next  meet 
ing.  Accordingly,  on  the  8th  of  August  a  bill  was  presented  to 
the  House  granting  the  President  $2,000,000. 

To  this  bill  Mr.  "Wilmot  offered  his  proviso  as  an  amend 
ment.  $  The  proviso  declared  "  That,  as  an  express  and  funda 
mental  condition  to  the  acquisition  of  any  territory  from  the 

»  Act  of  13th  May,  1846 ;  9  U.  S.  S.  at  Large,  p.  9.        t  3  Statesman's  Manual,  1610. 
%  Con.  Globe,  1845-' 6,  p.  1217. 


ON  THE   EVE   OF  THE  REBELLION.  19 

Kepublic  of  Mexico  by  the  United  States,  by  virtue  of  any  treaty 
which  may  be  negotiated  between  them,  and  to  the  use  by  the 
Executive  of  the  moneys  herein  appropriated,  neither  slavery  nor 
involuntary  servitude  shall  ever  exist  in  any  part  of  said  terri 
tory,  except  for  crime,  whereof  the  party  shall  first  be  duly  con 
victed." 

Had  this  proviso  been  never  so  proper  in  itself,  it  was  both 
out  of  time  and  out  of  place.  Out  of  time,  because,  whether  any 
treaty  could  be  made  acquiring  territory  from  Mexico,  was  fu 
ture  and  contingent ;  and  in  fact  that  of  Guadalupe  Hidalgo, 
under  which  we  acquired  Upper  California  and  New  Mexico, 
was  not  concluded  until  almost  eighteen  months  thereafter.  * 
But  Mr.  Wilmot'was  so  eager  to  introduce  this  new  subject 
for  anti-slavery  agitation,  that  he  could  not  await  the  regular 
course  of  events. 

The  proviso  was  also  out  of  place  in  an  appropriation  bill 
confined  to  a  single  important  object,  because  it  was  calculated 
to  defeat,  as  it  actually  did  defeat,  the  appropriation.  It  was  a 
firebrand  recklessly  and  prematurely  cast  among  the  free  and 
slave  States,  at  a  moment  when  a  foreign  war  was  raging,  in 
which  all  were  gallantly  fighting,  side  by  side,  to  conquer  an 
honorable  peace.  This  was  the  moment  selected,  long  in  ad 
vance,  to  announce  to  the  people  of  the  slaveholding  States 
that  if  we  should  acquire  any  new  territory  by  our  common 
blood  and  treasure,  they  should  forever  be  prohibited  from  en 
tering  any  portion  of  it  with  by  far  the  most  valuable  part  of 
their  property. 

The  introduction  of  this  proviso  instantly  caused  the  flames 
of  fanaticism  to  burn  with  more  intense  ardor,  both  North  and 
South,  than  they  had  ever  done  before.  How  wise  is  the  Divine 
maxim,  that  "  sufficient  unto  the  day  is  the  evil  thereof  "  ! 

The  new  territory  afterwards  acquired  from  Mexico,  being 
outside  of  the  ancient  province  of  Louisiana,  was  not  embraced 
by  the  Missouri  Compromise.  The  late  President,  then  Secre 
tary  of  State,  strongly  urged  the  extension  of  the  line  of  36°  30' 
through  this  territory  to  the  Pacific  Ocean,  as  the  best  mode  of 
adjustment.  He  believed  that  its  division  by  this  ancient  line, 

*  Treaty,  Feb.  2,  1848 ;  9  TJ.  S.  Statutes  at  Large,  922.    . 


20 

to  which  we  had  been  long  accustomed,  would  be  more  just  in 
itself,  and  more  acceptable  to  the  people,  both  North  and  South, 
than  any  new  plan  which  could  be  devised.* 

This  proposal  was  defeated  by  the  "Wilinot  Proviso.  That 
ill-starred  measure  continued  to  be  forced  upon  the  considera 
tion  of  Congress,  as  well  as  of  State  Legislatures,  session  after  ses 
sion,  in  various  forms.  Whilst  Northern  Legislatures  were  pass 
ing  resolutions  instructing  their  Senators  and  requesting  their 
Representatives  to  vote  for  the  Wilmot  Proviso,  Southern  Le 
gislatures  and  conventions  were  passing  resolutions  pledging 
themselves  to  measures  of  resistance. 

The  interposition  of  the  proviso,  in  season  and  out  of  season, 
and  the  violent  and  protracted  debates  to  which  it  gave  rise,  de 
feated  the  establishment  of  territorial  governments  in  California 
and  New  Mexico  throughout  the  whole  of  the  thirtieth  Con 
gress  (1847-'8  and  184:8-'9).  Meanwhile  it  placed  the  two  sections 
of  the  Union  in  hostile  array  against  each  other.  The  people  of 
the  one,  instead  of  regarding  those  of  the  other  as  brethren,  were 
converted  into  deadly  enemies.  At  the  meeting  of  the  thirty- 
first  Congress  (December,  1849)  serious  apprehensions  were  every 
where  entertained,  among  the  most  enlightened  and  purest  pa 
triots,  for  the  safety  of  the  Union.  The  necessity  was  admitted 
by  all  that  measures  should  be  adopted  to  ward  off  the  impend 
ing  danger. 

*  Letter  to  Berks  County,  Aug.  25, 1847. 


ON  THE  EVE  OF  THE  REBELLION.  21 


CHAPTEK    II. 

Meeting  of  Congress  in  December,  1849— The  five  Acts  constituting  the  Compromise 
of  September,  1850 — Effect  of  the  Compromise  in  allaying  excitement — Whig  and 
Democratic  Platforms  indorse  it — President  Pierce' s  happy  reference  to  it  in  his 
Message  of  December,  1853 — The  repeal  of  the  Missouri  Compromise  reopens  the 
slavery  agitation — Its  passage  in  March,  1820,  and  character — Its  recognition  by 
Congress  in  1845,  on  the  Annexation  of  Texas — The  history  of  its  repeal — This 
repeal  gives  rise  to  the  Kansas  troubles — Their  nature  and  history — The  Lecomp- 
ton  Constitution  and  proceedings  of  Congress  upon  it — The  Republican  party 
greatly  strengthened — Decision  of  the  Supreme  Court  in  the  Dred  Scott  case — 
Repudiated  by  the  Republican  party  and  by  the  Douglas  Democracy — Sustained 
by  the  old  Democracy — The  Kansas  and  Nebraska  Act — The  policy  and  practice 
of  Congress  toward  the  Territories — Abuse  of  President  Buchanan  for  not  adher 
ing  to  the  Cincinnati  Platform  without  foundation. 

THE  thirty-first  Congress  assembled  on  the  first  Monday  of 
December,  1849,  and  they  happily  succeeded  in  averting  the 
present  danger  by  the  adoption  of  one  of  those  wise  com 
promises  which  had  previously  proved  so  beneficent  to  the 
country. 

The  first  ray  of  light  to  penetrate  the  gloom  emanated  from 
the  great  and  powerful  State  of  Pennsylvania.  Her  House  of 
Representatives  refused  to  consider  instructing  resolutions  in 
favor  of  the  Wilmot  Proviso.  Soon  thereafter,  on  the  4th  of 
February,  1850,  the  House  of  Representatives  at  Washington, 
by  a  vote  of  105  to  75,  laid  resolutions  favoring  this  proviso 
upon  the  table.*  The  way  was  now  opened  for  compromising 
all  the  existing  questions  in  regard'  to  slavery. 

The  bold,  eloquent,  and  patriotic  Clay,  who,  thirty  years  be 
fore,  had  contributed  so  much  to  the  passage  of  the  Mis- 

*  Con.  Globe,  1840-' 50,  p.  276. 


22  MR.  BUCHANAN'S  ADAHNISTBATION 

souri  Compromise,  was  designated  by  the  voice  of  the  country 
as  the  leader  in  effecting  this  new  Compromise.  He  did  not, 
in  his  old  age,  shrink  from  the  task.  In  this  he  was  power 
fully  aided  by  several  of  our  wisest  and  most  conservative 
statesmen. 

The  necessary  legislation  for  this  purpose  was  accomplished 
in  September,  1850,  by  the  passage  of  five  distinct  acts  of  Con 
gress.  These  were  :  1.  "  An  Act  to  amend  and  supplementary 
to"  the  old  Fugitive  Slave  Law  of  the  12th  of  February,  1793.* 
This  provided  for  the  appointment  of  as  many  Commissioners 
by  the  Courts  of  the  United  States  as  the  public  convenience 
might  require  to  supply  the  place  of  the  State  magistrates  who 
had,  as  heretofore  explained,  been  forbidden  to  carry  into  effect 
the  mandate  of  the  Constitution  for  the  restoration  of  fugi 
tive  slaves.  The  chief  object  was  to  make  the  Federal  Gov 
ernment  independent  of  State  assistance  in  the  execution  of  the 
law. 

2:  An  Act  for  the  admission  of  California,  as  a  free  State, 
into  the  Union,  embracing  its  entire  territory,  as  well  that  south 
as  north  of  the  Missouri  Compromise  line.f 

3  and  4.  Acts  for  establishing  Territorial  Governments  in 
New  Mexico  and  Utah,  under  which  both  these  Territories  were 
to  be  admitted  as  States  into  the  Union,  "  with  or  without 
slavery  as  their  respective  Constitutions  might  provide."  £  From 
abundant  but  wise  caution,  the  first  of  these  Acts  declared,  in 
conformity  with  the  Constitution,  that  "  no  citizen  of  the  United 
States  shall  be  deprived  of  his  life,  liberty,  or  property  in  said 
Territory,  except  by  the  judgment  of  his  peers  and  the  laws  of 
the  land."  These  two  Acts,  in  addition  to  the  old  Missouri 
Compromise,  embraced  all  our  remaining  Territories,  whether 
derived  from  Mexico  or  France.  They  terminated  the  agitation 
on  the  Wilmot  Proviso,  by  depriving  it  of  any  territory  on 
which  it  could  operate. 

The  Act  establishing  the  Territory  of  New  Mexico  pro 
vided  also  for  annexing  to  it  all  that  portion  of  Texas  lying 

*  9  U.  S.  Laws,  462,-  Sept.  18.  t  Ibid.,  452,  Sept.  9. 

I  Ibid.  446  and  453,  Sept.  9. 


ON  THE   EVE   OF   THE  REBELLION.  23 

north  of  36°  30' ;  thus  withdrawing  it  from  the  jurisdiction  of  a 
slave  State. 

5.  An  Act  was  passed  to  abolish  the  domestic  slave  trade 
within  the  District  of  Columbia.* 

These  five  Acts  constituted  the  famous  Compromise  of  Sep 
tember,  1850.  At  the  first,  this  Compromise  was  condemned 
both  by  extreme  abolitionists  at  the  North  and  by  extreme  se 
cessionists  in  'the  South.  By  the  abolitionists,  because  it  tol 
erated  slavery  in  New  Mexico,  and  provided  for  the  due  ex 
ecution  of  the  Fugitive  Slave  Law;  and  by  the  secessionists, 
because  it  admitted  the  great  State  of  California  as  a  free  State 
into  the  Union,  and  this  notwithstanding  a  considerable  part  of 
it  lies  south  of  the  Missouri  line.  Nevertheless,  it  gradually 
made  its  way  to  public  favor,  and  was  hailed  by  the  conservative 
masses,  both  North  and  South,  as  a  wise  and  judicious  arrange 
ment.  So  far  had  it  enlisted  the  general  approval,  that  in  June, 
1852,  the  National  Conventions  of  both  the  Democratic  and 
"Whig  parties  bestowed  upon  it  their  approbation,  and  expressed 
their  determination  to  maintain  it.  They  both  resolved,  to  em 
ploy  the  language  of  the  Democratic  platform,  that  they  would 
a  resist  all  attempts  at  renewing,  in  Congress  or  out  of  it,  the 
slavery  agitation,  under  whatever  shape  or  color  the  attempt 
may  be  made."f  *• 

On  this  subject  the  Whig  platform  is  specific  and  emphatic. 
Its  eighth  and  last  resolution  is  as  follows  4 

"  That  the  series  of  Acts  of  the  thirty-second  Congress,  the 
Act  known  as  the  Fugitive  Slave  Law  included,  are  received 
and  acquiesced  in  by  the  "Whig  party  of  the  United  States  as  a 
settlement  in  principle  and  substance  of  the  dangerous  and  ex 
citing  questions  which  they  embrace  ;  and,  so  far  as  they  are  con 
cerned,  we  will  maintain  them  and  insist  upon  their  strict  en 
forcement,  until  time  and  experience  shall  demonstrate  the  ne. 
cessity  of  farther  legislation  to  guard  against  the  evasion  of  the 
laws  on  the  one  hand,  and  the  abuse  of  their  powers  on  the  other 
— not  impairing  their  present  efficiency ;  and  we  deprecate  all 
further  agitation  of  the  question  thus  settled,  as  dangerous  to 

*  9  U.  S.  Laws,  467,  Sept.  20.     t  Greeley's  Political  Text  Book,  1860,  p.  20. 
%  Ibid.  p.  19. 


24  MR.  BUCHANAN'S  ADMINISTRATION 

our  peace,  and  will  discountenance  all  efforts  to  continue  or  re 
new  such  agitation,  whenever,  wherever,  or  however  the  attempt 
may  be  made  ;  and  we  will  maintain  the  system  as  essential  to 
the  nationality  of  the  "Whig  party  and  the  integrity  of  the 
Union." 

When  Congress  assembled,  after  the  election  of  President 
Pierce,  on  the  first  Monday  of  December,  1853,  although  the 
abolition  fanatics  had  not  ceased  to  agitate,  crimination  and  re 
crimination  between  the  sectional  parties  had  greatly  subsided, 
and  a  comparative  political  calm  everywhere  prevailed.  Pres 
ident  Pierce,  in  his  annual  message,  felicitously  referred  to  the 
"  sense  of  repose  and  security  to  the  public  mind  throughout  the 
Confederacy,"  and  pledged  himself  "  that  this  repose  should  suf 
fer  no  shock  during  his  official  term,"  if  he  had  the  power  to 
avert  it. 

The  Compromise  of  1850  ought  never  to  have  been  disturbed 
by  Congres%.  After  long  years  of  agitation  and  alarm,  the  coun 
try,  under  its  influence,  had  enjoyed  a  season  of  comparative  re 
pose,  inspiring  the  people  with  bright  hopes  for  the  future. 

But  how  short-lived  and  delusive  was  this  calm !  The  very 
Congress  which  had  commenced  so  auspiciously,  by  repealing 
the  Missouri  Compromise  before  the  end  of  its  first  session,  re 
opened  the  floodgates  of  sectional  strife,  which,  it  was  fondly 
imagined,  had  been  closed  forever.  This  has  ever  since  gone  on 
increasing  in  violence  and  malignity,  until  it  has  involved  the 
country  in  the  greatest  .and  most  sanguinary  civil  war  recorded  in 
history. 

And  here  it  is  necessary,  for  a  correct  understanding  of  the 
subject,  to  refer  to  the  origin,  the  nature,  and  the  repeal  of  this 
celebrated  Compromise. 

It  was  passed  on  the  6th  of  March,  1820,  after  a  long  and 
violent  struggle  in  Congress  between  the  friends  and  the  oppo 
nents  of  what  was  then  called  the  Missouri  restriction.*  This 
proposed  to  require  from  Missouri,  as  a  condition  precedent  to 
her  admission  as  a  State,  that  she  should  "ordain  and  establish 
that  there  shall  be  neither  slavery  nor  involuntary  servitude " 
therein,  except  as  a  punishment  for  crime. 

3  U.  S.  Laws,  545. 


Off  THE   EVE   OP  THE   REBELLION.  25 

Under  the  Compromise  as  finally  effected,  whilst  the  restric- 
tionists  were  obliged  to  submit  to  the  existence  of  slavery  in 
Missouri,  they  obtained,  on  their  part,  a  guarantee  for  perpetual 
freedom  throughout  the  vast  remaining  territory  north  of  the 
parallel  of  36°  30',  which  had  been  acquired  from  France  under 
the  Louisiana  Treaty.*  These  were  the  equivalents  reciprocally 
granted  and  accepted  by  the  opposing  parties. 

This  guarantee  is  to  be  found  in  the  8th  section  of  the  Act 
authorizing  the  people  of  the  then  Missouri  Territory  to  form  a 
Constitution  and  State  Government,  preparatory  to  admission  as 
a  State  into  the  Union.t  It  is  embraced  in  the  following  lan 
guage:  "That  in  all  that  territory  ceded  by  France  to  the 
United  States,  under  the  name  of  Louisiana,  which  lies  north  of 
36°  30'  north  latitude,  not  included  within  the  limits  of  the 
State  [Missouri]  contemplated  by  this  Act,  slavery  and  involun 
tary  servitude,  otherwise  than  in  the  punishment  of  crimes, 
whereof  the  parties  shall  have  been  duly  convicted,  shall  be,  and 
is  hereby,  forever  prohibited.  Provided  always  :  That  any  per 
son  escaping  into  the  same,  from  whom  labor  or  service  is  law 
fully  claimed  in  any  State  or  Territory  of  the  United  States, 
such  fugitive  may  be  lawfully  reclaimed  and  conveyed  to  the 
person  claiming  his  or  her  labor  or  service  as  aforesaid." 

The  Missouri  Compromise  finally  passed  Congress  by  large 
majorities.  On  a  test  question  in  the  Senate  on  the  2d  March, 
1820,  the  vote  in  its  favor  was  27  against  15  ;  and  in  the  House, 
on  the  same  day,  it  was  134  against  42.  Its  wisdom  and  policy 
were  recognized  by  Congress,  a  quarter  of  a  century  afterwards, 
in  March,  1845,  when  Texas,  being  a  slave  State,  was  annexed 
to  the  Union.  Acting  on  the  presumption  that  several  new 
States  might  be  formed  out  of  her  territory,  one  of  the  express 
conditions  of  her  annexation  was,  that  in  such  of  these  States  as 
might  lie  north  of  the  Missouri  Compromise  line,  slavery  shall  be 
prohibited.^: 

The  Missouri  Compromise  had  remained  inviolate  for  more 
than  thirty-four  years  before  its  repeal.  It  was  a  covenant  of 
peace  between  the  free  and  the  slaveholding  States.  Its  authors 

*  For  its  history,  vide  Appendix  to  Con.  Globe,  1st  session  33d  Congress,  p.  226. 
t  3  U.  S.  Laws,  £45.  J  5  U.  S.  Laws,  797. 


26  ME.  BUCHANAN'S  ADMINISTRATION 

were  the  wise  and  conservative  statesmen  of  a  former  generation. 
Although  it  had  not  silenced  anti-slavery  discussion  in  other 
forms,  yet  it  soon  tranquillized  the  excitement  which  for  some 
months  previous  to  its  passage  had  convulsed  the  country  in  re 
gard  to  slavery  in  the  Territories.  It  is  true  that  the  power  of  a 
future  Congress  to  repeal  any  of  the  Acts  of  its  predecessors,  un 
der  which  no  private  rights  had  been  vested,  cannot  be  denied ; 
still  the  Missouri  Compromise,  being  in  the  nature  of  a  solemn 
compact  between  conflicting  parties,  whose  object  was  to  ward 
off  great  dangers  from  the  Union,  ought  never  to  have  been 
repealed  by  Congress. 

The  question  of  its  constitutionality  ought  to  have  been  left 
to  the  decision  of  the  Supreme  Court,  without  any  legislative 
intervention.  Had  this  been  done,  and  the  Court  had  decided  it 
to  be  a  violation  of  the  Constitution,  in  a  case  arising  before 
them  in  the  regular  course  of  judicial  proceedings,  the  decision 
would  have  passed  off  in  comparative  silence,  and  produced  no 
dangerous  excitement  among  the  people. 

Let  us  briefly  sketch  the  history  of  this  repeal,  which  was  the 
immediate  cause  of  our  present  troubles. 

Senator  Douglas,  on  the  4th  January,  1854,  reported  a  bill 
from  the  Committee  on  Territories,  to  establish  a  Territorial 
Government  in  Nebraska.*  This  bill  was  silent  in  regard  to  the 
Missouri  Compromise.  It  was  nearly  in  the  usual  form,  and 
would  have  doubtless  passed,  with  but  little,  if  any,  opposition. 
Before  it  was  reached  in  order,  the  Whig  Senator  Dixon,  of 
Kentucky,  on  the  16th  January,  gave  notice  that  when  it  should 
come  before  the  Senate,  he  would  move  to  add  to  it  a  section 
repealing  the  Missouri  Compromise,  not  only  in  regard  to  Ne 
braska,  but  all  other  Territories  of  the  United  States. f  A  few 
days  thereafter,  on  the  23d  January,  the  Committee  on  Terri 
tories,  through  Mr.  Douglas,  their  chairman,  offered  a  substitute 
for  the  original  bill,  if  This,  after  dividing  Nebraska  into  two 
Territories,  the  one  still  bearing  that  name,  and  the  other  the 
name  of  Kansas,  proceeded  to  annul  the  Missouri  Compromise 
in  regard  to  these  and  all  our  other  Territories.  With  this 

*  Con.  Globe,  1853-'4,  p.  115.  t  Ibid,  p.  175.  t  Ibid  x>.  222. 


ON   THE   EVE   OF    THE   REBELLION.  27 

Mr.  Dixon  expressed  himself  "  perfectly  satisfied."  *  Such  is 
the  origin  of  what  has  since  been  familiarly  called  "  the  Kansas 
and  Nebraska  Bill." 

On  the  question  of  repeal,  a  long  and  angry  debate  arose  in 
both  Houses  of  Congress.  This  consumed  a  large  portion  of  the 
session,  and  exasperated  the  contending  parties  to  a  degree  never 
before  witnessed.  The  opponents  of  the  bill  openly  and  vio 
lently  predicted  imminent  danger  to  the  peace  of  the  Union 
from  its  passage,  whilst  its  advocates  treated  any  such  danger 
with  proud  and  indignant  disdain. 

The  bill  finally  passed  both  Houses  on  the  25th,  and  was 
approved  by  President  Pierce  on  the  30th  May,  1854. 

It  was  ominous  of  evil  that  every  Southern  Senator  present, 
whether  Whig  or  Democrat,  without  regard  to  past  political 
distinctions,  voted  for  the  repeal,  with  the  exception  of  Mr.  Bell, 
of  Tennessee,  and  Mr.  Clayton,  of  Delaware,  who  voted  against 
it;  and  that  every  Northern  Democratic  Senator  present, 
uniting  with  the  South,  also  voted  for  the  repeal,  with  the  excep 
tion  of  Messrs.  Allen  and  James,  of  Ehode  Island,  and  Mr. 
Walker,  of  Wisconsin,  who  voted  against  it.f 

The  repeal  was  accomplished  in  the  following  manner :  The 
14th  section  of  this  bill,  whilst  extending  the  laws  of  the  United 
States  over  Kansas  and  Nebraska,  excepts  therefrom  "  the  8th 
section  of  the  Act  preparatory  to  the  admission  of  Missouri  into 
the  Union,  approved  March  sixth,  eighteen  hundred  and  twenty, 
which,  being  inconsistent  with  the  principle  of  non-intervention 
by  Congress  with  slavery  in  the  States  and  Territories,  as  recog 
nized  by  the  legislation  of  1850,  commonly  called  the  Compro 
mise  measures,  is  hereby  declared  inoperative  and  void;  it  being 
the  true  intent  and  meaning  of  this  Act  not  to  legislate  slavery 
into  any  Territory  or  State,  nor  to  exclude  it  therefrom,  but  to 
leave  the  people  thereof  perfectly  free  to  form  and  regulate  their 
domestic  institutions  in  their  own  way,  subject  only  to  the  Con 
stitution  of  the  United  States." 

It  is  impossible  to  conceive  how  it  could  be  inferred  that  the 
Compromise  of  1850,  on  the  question  of  slavery  in  the  territories, 
would  be  inconsistent  with  the  long  previous  Missouri  Compromise 

*  P.  239.  t  Con.  Globe,  1853-' 4,  p.  1321. 


28  ME.  BUCHANAN'S  ADMINISTRATION 

of  1820 ;  because  each  applied  to  distinct  and  separate  portions 
of  our  territorial  domain.  "Whilst  the  Missouri  Compromise  was 
confined  to  the  territory  acquired  from  France  under  the 
Louisiana  purchase,  that  of  1850  provided  only  for  the  new  ter 
ritory  long  afterwards  acquired  from  Mexico  under  the  treaty  of 
Guadalupe  Hidalgo.  The  Compromise  measures  of  1850  contain 
no  words  to  repeal  or  invalidate  the  Missouri  Compromise.  On 
the  contrary,  they  expressly  recognize  it,  as  we  have  already 
seen,  in  the  Act  providing  for  the  cession  of  a  portion  of  Texas  to 
New  Mexico. 

After  a  careful  review  of  the  history  of  the  anti-slavery  party, 
from  its  origin,  the  candid  inquirer  must  admit  that  up  till  this 
period  it  had  acted  on  the  aggressive  against  the  South.  From 
the  beginning  it  had  kept  the  citizens  of  the  slaveholding  States 
in  constant  irritation,  as  well  as  serious  apprehension  for  their 
domestic  peace  and  security.  They  were  the  assailed  party,  and 
had  been  far  more  sinned  against  than  sinning.  It  is  true,  they 
had  denounced  their  assailants  with  extreme  rancor  and  many 
threats ;  but  had  done  nothing  more.  In  sustaining  the  repeal 
of  the  Missouri  Compromise,  however,  the  Senators  and  Repre 
sentatives  of  the  Southern  States  became  the  aggressors  them 
selves,  and  thereby  placed  the  country  in  an  alarming  and  dan 
gerous  condition  from  which  it  has  never  since  been  rescued. 

The  repeal  of  the  Missouri  Compromise  having  entirely  re 
moved  the  interdict  against  slavery  in  all  our  territories  north  of 
36°  30',  the  struggle  immediately  commenced  in  Kansas  between 
the  anti-slavery  and  pro-slavery  parties.  On  this  theatre  the 
extreme  men  of  both  sections  were  brought  into  mortal  conflict. 
Each  party  hurried  emigrants  to  the  Territory ;— the  one  intent 
upon  making  it  a  free,  the  other,  though  in  violation  of  the  laws 
of  climate,  upon  making  it  a  slave  State.  The  one  strenuously 
contended  that  slavery,  under  the  Constitution,  was  local  in  its 
character  and  confined  to  the  States  where  it  existed ;  and, 
therefore,  if  an  emigrant  passed  into  the  Territory  with  his 
slaves,  these  became  instantly  free.  The  other  maintained,  with 
equal  zeal,  that  slaves  were  recognized  as  property  by  the  Con 
stitution,  and  consequently  their  masters  had  a  right  to  take 
them  to  Kansas  and  hold  them  there,  under  its  guarantees,  like 


ON    THE    EVE    OF   THE   REBELLION.  29 

any  other  property.  Besides,  the  South  insisted  that  without 
this  right  the  equality  of  the  States  within  their  common  ter 
ritory  was  destroyed,  and  they  would  be  degraded  from  the  rank 
of  equals  to  that  of  inferiors. 

It  was  not  long  until  a  fierce  and  vindictive  war  arose  in 
Kansas  between  the  opposing  parties.  In  this,  scenes  of  blood 
shed  and  rapine  were  enacted  by  both  parties,  disgraceful  to  the 
American  character.  It  is  not  our  purpose  to  recapitulate  these 
sad  events. 

Whilst  the  pro-slavery  party  in  the  Territory  sustained  the 
Government  in  all  its  branches  which  had  been  established  over 
it  by  Congress,  the  anti-slavery  party  repudiated  it.  They 
contended  that  frauds  and  violence  had  been  committed  in  the 
election  of  members  to  the  Territorial  Legislature  sufficient  to 
render  its  enactments  a  nullity.  For  this  reason  they  had  held 
a  Convention  at  Topeka,  had  framed  a  State  Constitution,  had 
elected  their  own  Governor  and  Legislature  to  take  the  place 
of  those  in  the  actual  administration  of  the  Territorial  Govern 
ment,  and  had  applied  to  Congress  for  admission  into  the  Union. 

Such  were  the  first  bitter  fruits  of  repealing  the  Missouri  in 
terdict  against  slavery  north  of  36°  30',  and  thus  opening  the 
Territory  of  Kansas  to  the  admission  of  slaves. 

It  cannot  be  doubted  that  frauds  and  violence  had  been  com 
mitted  in  this  election ;  but  whether  sufficient  to  render  it  a 
nullity  was  a  question  for  Congress  to  decide.  After  a  long  and 
violent  struggle,  Congress  had  decided  this  question  by  finally 
rejecting  the  application  for  the  admission  of  Kansas  as  a  State 
into  the  Union  under  the  Topeka  Constitution,  and  by  recog 
nizing  the  authority  of  the  Territorial  Government. 

Such  was  the  condition  of  Kansas  when  Mr.  Buchanan- 
entered  upon  the  duties  of  the  Presidential  office.  All  these 
proceedings  had  taken  place  during  the  session  of  Congress 
(181)6-"?)  which  terminated  immediately  before  his  inauguration. 
It  will  be  admitted  that  he  possessed  no  power  to  go  behind  the 
action  of  Congress  and  adjudge  it  to  be  null  and  void.  In  fact, 
he  had  no  alternative  but  to  sustain  the  Territorial  Government. 

A  new  era  was  now  commencing  with  the  accession  of  Presi 
dent  Buchanan,  and  he  indulged  the  hope  that  the  anti-slavery 


30  ME.  BUCHANAN'S  ADMINISTEATION 

party  would  abandon  their  hostility  to  the  Territorial  Gov 
ernment  and  obey  the  laws.  In  this  he  was  encouraged  by  the 
fact,  that  the  Supreme  Court  had  just  decided  that  slavery 
existed  in  Kansas  under  the  Constitution  of  the  United  States, 
and  consequently  the  people  of  that  Territory  could  only  relieve 
themselves  from  it  by  electing  anti-slavery  delegates  to  the 
approaching  Lecompton  Convention,  in  sufficient  number  to 
frame  a  free  State  Constitution  preparatory  to  admission  into  the 
Union.  They  could  no  longer  expect  ever  to  be  admitted  as  a 
State  under  the  Topeka  Constitution.  The  thirty-fourth  Con 
gress  had  just  expired,  having  recognized  the  legal  existence  of 
the  Territorial  Legislature  in  a  variety  of  forms  which  need  not 
be  enumerated.*  The  Delegate  elected  under  a  Territorial  law 
to  the  House  of  Representatives  had  been  admitted  to  his  seat, 
and  had  completed  his  term  of  service  on  the  day  previous  to 
Mr.  Buchanan's  inauguration. 

In  this  reasonable  hope  the  President  Was  destined  to  disap 
pointment.  The  anti-slavery  party,  during  a  period  of  ten 
months,  from  the  4th  of  March,  185T,  until  the  first  Monday  of 
January,  1858,  continued  to  defy  the  Territorial  Government 
and  to  cling  to  their  Topeka  organization.  The  first  symptom 
of  yielding  was  not  until  the  latter  day,  when  a  large  portion 
of  them  voted  for  State  officials  and  a  member  of  Congress  un 
der  the  Lecompton  Constitution.  Meanwhile,  although  actual 
war  was  suspended  between  the  parties,  yet  the  peace  was  only 
maintained  by  the  agency  of  United  States  troops.  "  The  op 
posing  parties  still  stood  in  hostile  array  against  each  other, 
and  any  accident  might  have  relighted  the  flames  of  civil  war. 
Besides,  at  this  critical  moment,  Kansas  was  left  without  a  Gov 
ernor,  by  the  resignation  of  Governor  Geary."| 

Soon  after  the  inauguration  an  occasion  offered  to  Mr. 
Buchanan  to  define  the  policy  he  intended  to  pursue  in  relation 
to  Kansas.  This  was  in  answer  to  a  memorial  presented  to  him 
by  forty-three  distinguished  citizens  of  Connecticut,  a  number 
of  them  being  eminent  divines.  The  following  we  extract  from 
his  letter  dated  at  Washington,  August  15, 185T : 

*  Message  to  Congress  transmitting  the  Constitution  of  Kansas, 
t  Message  of  December,  1857,  p.  18. 


ON  THE    EVE   OF    THE    BEBELLION.  31 

"  When  I  entered  upon  the  duties  of  the  Presidential  office, 
on  the  fourth  of  March  last,  what  was  the  condition  of  Kansas  ? 
This  Territory  had  been  organized  under  the  Act  of  Congress 
of  30th  May,  1854,  and  the  government  in  all  its  branches  was 
in  full  operation.  A  governor,  secretary  of  the  Territory,  chief 
justice,  two  associate  justices,  a  marshal,  and  district  attorney 
had  been  appointed  by  my  predecessor,  by  and  with  the  advice 
and  consent  of  the  Senate,  and  were  all  engaged  in  discharging 
their  respective  duties.  A  code  of  laws  had  been  enacted  by 
the  Territorial  Legislature ;  and  the  judiciary  were  employed  in 
expounding  and  carrying  these  laws  into  effect.  It  is  quite  true 
that  a  controversy  had  previously  arisen  respecting  the  validity 
of  the  election  of  members  of  the  Territorial  Legislature  and  of 
the  laws  passed  by  them ;  but  at  the  time  I  entered  upon  my 
official  duties  Congress  had  recognized  this  Legislature  in  differ 
ent  forms  and  by  different  enactments.  The  delegate  elected 
to  the  House  of  Eepresentatives,  under  a  Territorial  law,  had 
just  completed  his  term  of  service  on  the  day  previous  to  my 
inauguration.  In  fact,  I  found  the  government  of  Kansas  as 
well  established  as  that  of  any  other  Territory.  Under  these 
circumstances,  what  was  my  duty  ?  Was  it  not  to  sustain  this 
government  ?  to  protect  it  from  the  violence  of  lawless  men,  who 
were  determined  either  to  rule  or  ruin  ?  to  prevent  it  from  being 
overturned  by  force?  in  the  language  of  the  Constitution,  to 
ctake  care  that  the  laws  be  faithfully  executed'?  It  was  for 
this  purpose,  and  this  alone,  that  I  ordered  a  military  force  to 
Kansas  to  act  as  a  posse  comitatus  in  aiding  the  civil  magistrate 
to  carry  the  laws  into  execution.  The  condition  of  the  Territory 
at  the  time,  which  I  need  not  portray,  rendered  this  precaution 
absolutely  necessary.  In  this  state  of  affairs,  would  I  not  have 
been  justly  condemned  had  I  left  the  marshal  and  other  officers 
of  a  like  character  impotent  to  execute  the  process  and  judgments 
of  courts  of  justice"  established  by  Congress,  or  by  the  Territorial 
Legislature  under  its  express  authority,  and  thus  have  suffered 
the  government  itself  to  become  an  object  of  contempt  in  the 
eyes  of  the  people?  And  yet  this  is  what  you  designate  as 
forcing  '  the  people  of  Kansas  to  obey  laws  not  their  own,  nor 
of  the  United  States  ;'  and  for  doing  which  you  have  denounced 
3 


32 

me  as  having  violated  my  solemn  oath.  I  ask,  what  else  could 
I  have  done,  or  ought  I  to  have  done  ?  Would  you  have  desired 
that  I  should  abandon  the  Territorial  government,  sanctioned  as 
it  had  been  by  Congress,  to  illegal  violence,  and  thus  renew  the 
scenes  of  civil  war  and  bloodshed  which  every  patriot  in  the 
country  had  deplored  ?  This  would,  indeed,  have  been  to  vio 
late  my  oath  of  office,  and  to  fix  a  damning  blot  on  the  charac 
ter  of  my  administration. 

"  I  most  cheerfully  admit  that  the  necessity  for  sending  a  mil 
itary  force  to  Kansas  to  aid  in  the  execution  of  the  civil  law, 
reflects  no  credit  upon  the  character  of  our  country.  But  let 
the  blame  fall  upon  the  heads  of  the  guilty.  Whence  did  this 
necessity  arise  ?  A  portion  of  the  people  of  Kansas,  unwilling 
to  trust  to  the  ballot-box— the  certain  American  remedy  for 
the  redress  of  all  grievances — undertook  to  create  an  indepen 
dent  government  for  themselves.  Had  this  attempt  proved  suc 
cessful,  it  would  of  course  have  subverted  the  existing  govern 
ment,  prescribed  and  recognized  by  Congress,  and  substituted  a 
revolutionary  government  in  its  stead.  This  was  a  usurpation 
of  the  same  character  as  it  would  be  for  a  portion  of  the  people 
of  Connecticut  to  undertake  to  establish  a  separate  government 
within  its  chartered  limits  for  the  purpose  of  redressing  any 
grievance,  real  or  imaginary,  of  which  they  might  have  com 
plained  against  the  legitimate  State  government.  Such  a  prin 
ciple,  if  carried  into  execution,  would  destroy  all  lawful  author 
ity  and  produce  universal  anarchy." 

And  again :  "  I  thank  you  for  the  assurances  that  you  will 
6  not  refrain  from  the  prayer  that  Almighty  God  will  make  my 
administration  an  example  of  justice  and  beneficence.'  You 
can  greatly  aid  me  in  arriving  at  this  blessed  consummation,  by 
exerting  your  influence  in  allaying  the  existing  sectional  excite 
ment  on  the  subject  of  slavery,  which  has  been  productive  of 
much  evil  and  no  good,  and  which,  if  it  could  succeed  in  attain 
ing  its  object,  would  ruin  the  slave  as  well  as  his  master.  This 
would  be  a  work  of  genuine  philanthropy.  Every  day  of  my 
life  I  feel  how  inadequate  I  am  to  perform  the  duties  of  my 
high  station  without  the  continued  support  of  Divine  Prov 
idence  yet,  placing  my  trust  in  Him  and  in  Him  alone,  I  enter- 


ON   THE   EVE   OF   THE   BEBELLION.  33 

tain  a  good  hope  that  He  will  enable  me  to  do  equal  justice  to 
all  portions  of  the  Union,  and  thus  render  me  an  humble  instru 
ment  in  restoring  peace  and  harmony  among  the  people  of  the 
several  States." 

This  answer,  at  the  time,  appeared  to  give  general  satisfac 
tion. 

Soon  after  the  4th  of  March,  1857,  Mr.  Eobert  J.  "Walker 
was  appointed  Governor,  and  Mr.  Frederick  P.  Stanton  Secre 
tary  of  the  Territory  of  Kansas.  The  great  object  in  view  was 
to  prevail  upon  the  Anti-Slavery  party  to  unite  with  their  oppo 
nents  in  framing  a  State  Constitution  for  .Kansas,  leaving  the 
question  to  be  decided  at  the  ballot-box  whether  it  should  enter 
the  Union  as  a  free  or  as  a  slave  State.  Accordingly  the  Gov 
ernor  was  instructed  to  take  care  that  the  election  for  delegates 
to  the  convention  should  be  held  and  conducted  with  perfect 
fairness  to  both  parties,  so  that  the  genuine  voice  of  the  people 
might  be  truly  heard  and  obeyed.  This  duty  he  performed  with 
fidelity  and  ability,  but  unfortunately  without  success. 

The  laws  which  had  been  passed  by  the  Territorial  Legisla 
ture  providing  for  this  election  are  liable  to  no  just  exception. 
The  President,  speaking  on  this  subject  in  his  message  of  2d  of 
February,  1858,  transmitting  the  Kansas  Constitution  to  Con 
gress,  employs  the  following  language  : — "  It  is  impossible  that 
any  people  could  have  proceeded  with  more  regularity  in  the 
formation  of  a  constitution  than  the  people  of  Kansas  have  done. 
It  was  necessary,  first,  to  ascertain  whether  it  was  the  desire  of 
the  people  to  be  relieved  from  their  territorial  dependence  and 
establish  a  State  government.  For  this  purpose  the  Territorial 
Legislature,  in  1855,  passed  a  law  'for  taking  the  sense  of  the 
people  of  this  Territory  upon  the  expediency  of  calling  a  con 
vention  to  form  a  State  constitution'  at  the  general  election  to 
beheld  in  October,  1856.  The  'sense  of  the  people'  was  ac 
cordingly  taken,  and  they  decided  in  favor  of  a  convention.  It 
is  true  that  at  this  election  the  enemies  of  the  territorial  gov 
ernment  did  not  vote,  because  they  were  then  engaged  at  Topeka, 
without  the  slightest  pretext  of  lawful  authority,  in  framing  a 
constitution  of  their  own  for  the  purpose  of  subverting  the  ter 
ritorial  government. 


34  ME.  BUCHANAN'S  ADMTNISTEATION 

"  In  pursuance  of  this  decision  of  the  people  in  favor  of  a 
conventioB,  the  Territorial  Legislature,  on  the  27th  day  of  Feb 
ruary,  1857,  passed  an  act  for  the  election  of  delegates  on  the 
third  Monday  of  June,  1857,  to  frame  a  State  constitution. 
This  law  is  as  fair  in  its  provisions  as  any  that  ever  passed  a 
legislative  body  for  a  similar  purpose.  The  right  of  suffrage  at 
this  election  is  clearly  and  justly  defined.  £  Every  lond  fide  in 
habitant  of  the  Territory  of  Kansas '  on  the  third  Monday  of 
June,  the  day  of  the  election,  who  was  a  citizen  of  the  United 
States,  above  the  age  of  twenty-one,  and  had  resided  therein  for 
three  months  previous  to  that  date,  was  entitled  to  vote.  In 
order  to  avoid  all  interference  from  neighboring  States  or  Terri 
tories  with  the  freedom  and  fairness  of  the  election,  provision 
was  made  for  the  registry  of  the  qualified  voters ;  and  in  pur 
suance  thereof  nine  thousand  two  hundred  and  fifty-one  voters 
were  registered." 

The  great  object  was  to  convince  these  9,251  qualified  electors 
that  they  ought  to  vote  in  the  choice  of  delegates  to  the  conven 
tion,  and  thus  terminate  the  controversy  by  the  will  of  the 
majority. 

The  Governor  urged  them  to  exercise  their  right  of  suffrage ; 
but  in  vain.  In  his  Inaugural  Address  of  the  27th  of  May,  1857, 
he  informed  them  that,  "Under  our  practice,  the  preliminary 
act  of  framing  a  State  constitution  is  uniformly  performed 
through  the  instrumentality  of  a  convention  of  delegates  chosen 
by  the  people  themselves.  That  convention  is  now  about  to  be 
elected  by  you  under  the  call  of  the  Territorial  Legislature, 
created  and  still  recognized  by  the  authority  of  Congress,  and 
clothed  by  it,  in  the  comprehensive  language  of  the  organic  law, 
with  full  power  to  make  such  an  enactment.  The  Territorial 
Legislature,  then,  in  assembling  this  convention,  were  fully  sus 
tained  by  the  Act  of  Congress,  and  the  authority  of  the  conven 
tion  is  distinctly  recognized  in  my  instructions  from  the  Presi 
dent  of  the  United  States."  The  Governor  proceeded  to  warn 
them, 'clearly  and  distinctly,  what  would  be  the  consequences, 
if  they  should  not  participate  in  the  election.  "  The  people  of 
Kansas,  then,"  he  says,  "  are  invited  by  the  highest  authority 
known  to  the  Constitution,  to  participate,  freely  and  fairly,  in 


ON   THE   EVE   OF   THE   REBELLION.  35 

the  election  of  delegates  to  frame  a  Constitution  and  State  Gov 
ernment.  The  law  has  performed  its  entire  appropriate  function 
when  it  extends  to  the  people  the  right  of  suffrage,  but  cannot 
compel  the  performance  of  that  duty.  Throughout  our  whole 
Union,  however,  and  wherever  free  government  prevails,  those 
who  abstain  from  the  exercise  of  the  right  of  suffrage  authorize 
those  who  do  vote  to  act  for  them  in  that  contingency ;  and  the 
absentees  are  as  much  bound,  under  the  law  and  Constitution, 
where  there  is  no  fraud  or  violence,  by  the  act  of  the  majority 
of  those  who  do  vote,  as  if  all  had  participated  in  the  election. 
Otherwise,  as  voting  must  be  voluntary,  self-government  would 
be  impracticable,  and  monarchy  or  despotism  would  remain  as 
the  only  alternative." 

"This  was  the  propitious  moment,"  said  the  President, 
"  for  settling  all  difficulties  in  Kansas.  This  was  the  time  for 
abandoning  the  revolutionary  Topeka  organization,  and  for  the 
enemies  of  the  existing  government  to  conform  to  the  laws,  and 
to  unite  with  its  friends  in  framing  a  State  Constitution.  But 
this  they  refused  to  do,  and  the  consequences  of  their  refusal  to 
submit  to  lawful  authority  and  vote  at  the  election  of  dele 
gates  may  yet  prove  to  be  of  a  most  deplorable  character. 
Would  that  the  respect  for  the  laws  of  the  land  which  so  emi 
nently  distinguished  the  men  of  the  past  generation  could  be 
revived !  It  is  a  disregard  and  violation  of  law  which  have  for 
years  kept  the  Territory  of  Kansas  in  a  state  of  almost  open  re 
bellion  against  its  government.  It  is  the  same  spirit  which  has 
produced  actual  rebellion  in  Utah.  Our  only  safety  consists  in 
obedience  and  conformity  to  law.  Should  a  general  spirit 
against  its  enforcement  prevail,  this  will  prove  fatal  to  us  as  a 
nation...  We  acknowledge  no  master  but  the  law;  and  should 
we  cut  loose  from  its  restraints,  and  every  one  do  what  seemeth 
good  in  his  own  eyes,"  our  case  will  indeed  be  hopeless. 

"  The  enemies  of  the  territorial  government  determined  still 
to  resist  the  authority  of  Congress.  They  refused  to  vote  for 
delegates  to  the  convention,  not  because,  from  circumstances 
which  I  need  not  detail,  there  was  an  omission  to  register  the 
comparatively  few  voters  who  were  inhabitants  of  certain  coun 
ties  of  Kansas  in  the  early  spring  of  1857,  but  because  they  had 


36 

« 

predetermined,  at  all  hazards,  to  adhere  to  their  revolutionary 
organization,  and  defeat  the  establishment  of  any  other  consti 
tution  than  that  which  they  had  framed  at  Topeka.  The  elec 
tion  was,  therefore,  suffered  to  pass  by  default ;  but  of  this  result 
the  qualified  electors  who  refused  to  vote  can  never  justly  com 
plain." 

A  large  majority,  therefore,  of  Pro-Slavery  delegates  were 
elected  members  of  the  convention. 

"  From  this  review,  it  is  manifest  that  the  Lecompton  Con 
vention,  notwithstanding  the  refusal  of  the  Anti-Slavery  party  to 
vote,  was  legally  constituted  and  was  invested  with  power  to 
frame  a  constitution." 

It  has  been  urged  that  these  proceedings  were  in  violation 
of  the  sacred  principle  of  popular  sovereignty.  "But  in  what 
manner,"  said  the  President,  "is  popular  sovereignty  to  be 
exercised  in  this  country,  if  not  through  the  instrumentality  of 
established  law?  In  certain  small  republics  of  ancient  times 
the  people  did  assemble  in  primary  meetings,  passed  laws,  and 
directed  public  affairs.  In  our  country  this  is  manifestly  impos 
sible.  Popular, sovereignty  can  be  exercised  here  only  through 
the  ballot-box ;  and  if  the  people  will  refuse  to  exercise  it  in  this 
manner,  as  they  have  done  in  Kansas  at  the  election  of  dele 
gates,  it  is  not  for  them  to  complain  that  their  rights  have  been 
violated." 

Throughout  the  intervening  period,  and  for  some  time  there 
after,  Kansas  was  in  a  dreadful  condition.  To  illustrate  this, 
we  shall  transcribe  several  paragraphs  from  the  President's 
Message.*  He  says,  that  "  A  great  delusion  seems  to  pervade 
the  public  mind  in  relation  to  the  condition  of  parties  in  Kansas. 
This  arises  from  the  difficulty  of  inducing  the  American  people 
to  realize  the  fact  that  any  portion  of  them  should  be  in  a  state 
of  rebellion  against  the  Government  under  which  they  live. 
When  we  speak  of  the  affairs  of  Kansas,  we  are  apt  to  refer 
merely  to  the  existence  of  two  violent  political  parties  in  that 
Territory,  divided  on  the  question  of  slavery,  just  as  we  speak 
of  such  parties  in  the  States.  This  presents  no  adequate  idea  of 

*  Page  1. 


ON  THE   EVE   OF   THE   REBELLION.  37 

the  true  state  of  the  case.  The  dividing  line  there  is  not  be 
tween  two  political  parties,  both  acknowledging  the  lawful  ex 
istence  of  the  government,  but  between  those  who  are  loyal  to 
this  government,  and  those  who  have  endeavored  to  destroy  its 
existence  by  force  and  by  usurpation — between  those  who  sustain 
and  those  who  have  done  all  in  their  power  to  overthrow  the 
territorial  government  established  by  Congress.  This  govern 
ment  they  would  long  since  have  subverted,  had  it  not  been 
protected  from  their  assaults  by  the  troops  of  the  United  States. 
Such  has  been  the  condition  of  affairs  since  my  inauguration. 
Ever  since  that  period  a  large  portion  of  the  people  of  Kansas 
have  been  in  a  state  of  rebellion  against  the  government,  with 
a  military  leader  at  their  head  of  a  most  turbulent  and  danger 
ous  character.  They  have  never  acknowledged,  but  have  con 
stantly  renounced  and  'defied  the  government  to  which  they  owe 
allegiance,  and  have  been  all  the  time  in  a  state  of  resistance 
against  its  authority.  They  have  all  the  time  been  endeavoring 
to  subvert  it,  and  to  establish  a  revolutionary  government,  under 
the  so-called  Topeka  Constitution,  in  its  stead.  Even  at  this 
very  moment  the  Topeka  Legislature  is  in  session.  Whoever 
has  read  the  correspondence  of  Governor  Walker  with  the  State 
Department,  recently  communicated  to  the  Senate,  will  be  con 
vinced  that  this  picture  is  not  overdrawn.  He  always  protested 
against  the  withdrawal  of  any  portion  of  the  military  force  of 
the  United  States  from  the  Territory,  deeming  its  presence 
absolutely  necessary  for  the  preservation  of  the  regular  govern 
ment  and  the  execution  of  the  laws.  In  his  very  first  despatch 
to  the  Secretary  of  State,  dated  June  2,  185T,  he  says :  '  The 
most  alarming  movement,  however,  proceeds  from  the  assem 
bling  on  th6  9th  of  June  of  the  so-called  Topeka  Legislature, 
with  a  view  to  the  enactment  of  an  entire  code  of  laws.  Of 
course  it  will  be  my  endeavor  to  prevent  such  a  result,  as  it 
would  lead  to  inevitable  and  disastrous  collision,  and,  in  fact, 
renew  the  civil  war  in  Kansas.'  This  was  with  difficulty  pre 
vented  by  the  efforts  of  Governor  Walker ;  but  soon  thereafter, 
on  the  14th  of  July,  we  find  him  requesting  General  Harney  to 
furnish  him  a  regiment; of  dragoons  to  proceed  to  the  city  of 
Lawrence,  and  this  for  the  reason  that  he  had  received  authentic 


38  MB.  BUCHANAN'S  ADMINISTRATION 

intelligence,  verified  by  his  own  actual  observation,  that  a  dan 
gerous  rebellion  had  occurred,  c  involving  an  open  defiance  of 
the  laws  and  the  establishment  of  an  insurgent  government  in 
that  city.'  • 

u  In  the  Governor's  despatch  of  July  15,  he  informs  the 
Secretary  of  State  '  that  this  movement  at  Lawrence  was  the 
beginning  of  a  plan,  originating  in  that  city,  to  organize  insur 
rection  throughout  the  Territory ;  and  especially  in  all  towns, 
cities,  or  counties  where  the  Republican  party  have  a  majority. 
Lawrence  is  the  hot-bed  of  all  the  abolition  movements  in  this 
Territory.  It  is  the  town  established  by  the  abolition  societies  of 
the  east ;  and  whilst  there  are  respectable  people  there,  it  is  filled 
by  a  considerable  number  of  mercenaries  who  are  paid  by  abolition 
societies  to  perpetuate  and  diffuse  agitation  throughout  Kansas, 
and  prevent  a  peaceful  settlement  of  this  question.  Having 
failed  in  inducing  their  own  so-called  Topeke  State  Legislature 
to  organize  this  insurrection,  Lawrence  has  commenced  it  her 
self,  and,  if  not  arrested,  the  rebellion  will  extend  throughout 
the  Territory.' 

"  And  again :  '  In  order  to  send  this  communication  imme 
diately  by  mail,  I  must  close  by  assuring  you  that  the  spirit  of 
rebellion  pervades  the  great  mass  of  the  Republican  party  of  this 
Territory,  instigated,  as  I  entertain  no  doubt  they  are,  by  east 
ern  societies,  having  in  view  results  most  disastrous  to  the  Gov 
ernment  and  to  the  Union ;  and  that  the  continued  presence 
of  General  Harney  here  is  indispensable,  as  originally  stipulated 
by  me,  with  a  large  body  of  dragoons  and  several  batteries.' 

"  On  the  20th  July,  1857,  General  Lane,  under  the  authority 
of  the  Topeka*  Convention,  undertook,  as  Governor  "Walker  in 
forms  us,  '  to  organize  the  whole  so-called  free  State  party  into 
volunteers,  and  to  take  the  names  of  all  who  refuse  enrolment. 
The  professed  object  is  to  protect  the  polls,  at  the  election  in 
August,  of  the  new  insurgent  Topeka  State  Legislature.  The 
object  of  taking  the  names  of  all  who  refuse  enrolment  is  to  ter 
rify  the  free  State  conservatives  into  submission.  This  is  proved 
by  recent  atrocities  committed  on  such  men  byTopekaites.  The 
speedy  location  of  large  bodies  of  regular  troops  here,  with  two 
batteries,  is  necessary.  The  Lawrence  insurgents  await  the 


ON   THE   EVE   OF  THE  REBELLION.  39 

development  of  this  new  revolutionary  military  organization,' 
etc.,  etc. 

"In  the  Governor's  despatch  of  July  27th,  he  says  that 
'  General  Lane  and  his  staff  everywhere  deny  the  authority  of 
the  territorial  laws,  and  counsel  a  total  disregard  of  these  enact 
ments.' 

"  "Without  making  further  quotations  of  a  similar  character 
from  other  despatches  of  Governor  Walker,  it  appears  by  a  refer 
ence  to  Mr.  Stanton's  communication  to  General  Cass,  of  the 
9th  of  December  last,  that  the  '  important  step  of  calling  the 
[Territorial]  Legislature  together  was  taken  after  I  [he]  had  be 
come  satisfied  that  the  election  ordered  by  the  Convention  on 
the  21st  instant  [December]  could  not  be  conducted  without  col 
lision  and  bloodshed.'  So  intense  was  the  disloyal  feeling 
among  the  enemies  of  the  government  established  by  Congress, 
that  an  election  which  afforded  them  an  opportunity,  if  in  the 
jnajority,  of  making  Kansas  a  free  State,  according  to  their  own 
professed  desire,  could  not  be  conducted  without  collision  and 
bloodshed ! 

"  The  truth  is,  that,  up  till  the  present  moment,  the  enemies 
of  the  existing  government  still  adhere  to  their  Topeka  revolu 
tionary  constitution  and  government.  The  very  first  paragraph 
of  the  message  of  Governor  Robinson,  dated  on  the  7th  of  De 
cember,  to  the  Topeka  Legislature,  now  assembled  at  Lawrence, 
contains  an  open  defiance  of  the  Constitution  and  laws  of  the 
United  States.  The  Governor  says :  £  The  Convention  which 
framed  the  constitution  at  Topeka  originated  with  the  people 
of  Kansas  Territory.  They  have  adopted  and  ratified  the  same 
twice  by  a  direct  vote,  and  also  indirectly  through  two  elections 
of  State  officers  and  members  of  the  State  Legislature.  Yet  it 
has  pleased  the  administration  to  regard  the  whole  proceeding 
as  revolutionary.' 

"  The  Topeka  government,  adhered  to  with  such  treasonable 
pertinacity,  is  a  government  in  direct  opposition  to  the  existing 
government  prescribed  and  recognized  by  Congress.  It  is  a 
usurpation  of  the  same  character  as  it  would  be  for  a  portion  of 
the  people  of  any  State  of  the  Union  to  undertake  to  establish  a 
separate  government,  within  its  limits,  for  the  purpose  of  re- 


40  ME.  BUCHANAN'S  ADMINISTRATION 

dressing  any  grievance,  real  or  imaginary,  of  which  they  might 
complain  against  the  legitimate  State  Government.  Such  a 
principle,  if  carried  into  execution,  would  destroy  all  lawful 
authority  and  produce  universal  anarchy. 

"From  this  statement  of  facts,  the  reason  becomes  palpable 
why  the  enemies  of  the  government  authorized  by  Congress 
have  refused  to  vote  for  delegates  to  the  Kansas  .Constitutional 
Convention,  and,  also,  afterwards  on  the  question  of  slavery 
submitted  by  it  to  the  people.  It  is  because  they  have  ever  re 
fused  to  sanction  or  recognize  any  other  constitution  than  that 
framed  at  Topeka." 

The  Convention,  thus  lawfully  constituted,  met  for  the  sec 
ond  time  on  the  4th  of  September,  and  proceeded  to  frame  a 
constitution,  and  finally  adjourned  on  the  7th  day  of  Novem 
ber,  1857.*  A  large  majority  of  its  members,  in  consequence 
of  the  refusal  of  the  Anti-Slavery  electors  to  vote  for  delegates, 
were  in  favor  of  establishing  slavery.  The  Convention  having 
refused  to  submit  the  whole  constitution  to  the  people,  in  oppo 
sition  to  the  desire  of  the  President,  determined  finally  to  sub 
mit  to  them  only  the  all-important  question  whether  slavery 
should  or  should  not  exist  in  the  new  State.  This  they  were 
required  to  do  under  the  true  construction  of  the  Kansas  and 
Nebraska  Act,  and  without  this  the  constitution  would  have 
encountered  his  decided  opposition.  It  was  not,  however,  until 
the  last  moment,  and  this  after  an  angry  and  excited  debate,  that 
the  Convention,  by  a  majority  of  only  three,  determined  to  sub 
mit  this  question  to  a  popular  vote.  Acting  on  the  authority 
of  former  precedents,  and  considering  that  all  other  parts  of 
the  constitution  had  been  finally  adopted,  they  therefore  sub; 
mitted  the  question  of  slavery  alone  to  the  people,  at  an  election 
to  be  held  on  the  21st  December,  1857.  For  this  purpose  they 
provided  that,  before  the  constitution  adopted  by  the  Convention 
"  shall  be  sent  to  Congress  asking  for  admission  into  the  Union 
as  a  State,"  an  election  shall  be  held  to  decide  this  question, 
at  which  all  the  white  male  inhabitants  of  the  Territory  should 
be  entitled  to  vote.  They  were  to  vote  by  ballot ;  and  "  the  bal- 

*  Senate  Documents,  1857-' 58,  vol.  vii.,  No.  21. 


ON  THE   EVE   OF  THE  REBELLION.  41 

lots  cast  at  said  election  shall  be  indorsed  c  Constitution  with. 
Slavery,'  and  i  Constitution  with  no  Slavery.' " 

"  Here,  again,"  says  the  President,  "  a  fair  opportunity  was 
presented  to  the  adherents  of  the  Topeka  Constitution,  if  they 
were  the  majority,  to  decide  this  exciting  question  c  in  their  own 
way,'  and  thus  restore  peace  to  the  distracted  Territory ;  but  they 
again  refused  to  exercise  their  right  of  popular  sovereignty,  and 
again  suffered  the  election  to  pass  by  default."  In  consequence, 
the  result,  according  to  the  report  of  J.  Calhoun,  the  President 
of  the  Convention,  was  6,226  votes  in  favor  of  slavery,  and  but 
569  against  it. 

The  constitution  thus  adopted  had  provided  for  holding  an 
election  on  the  first  Monday  of  January,  1858,  for  "  a  Governor, 
Lieutenant-Governor,  Secretary  of  State,  State  Treasurer,  and 
members  of  the  Legislature,  and  also  a  member  of  Congress." 
The  election  was  peaceably  conducted  under  the  instructions 
of  the  President.  A  better  spirit  now  prevailed  among  the  op 
ponents  of  the  Lecompton  Constitution,  and  they  no  longer  re 
frained  from  voting.  A  large  majority  of  them,  by  a  strange 
but  happy  inconsistency,  recognized  its  existence  by  voting  un 
der  its  provisions.* 

This  election  was  warmly  contested  by  the  two  political 
parties  in  Kansas,  and  a  greater  vote  was  polled  than  at  any 
previous  election.  A  large  majority  of  the  members  of  the 
Legislature  elect  belonged  to  that  party  which  had  previously 
refused  to  vote.  The  Anti-Slavery  party  were  thus  placed  in 
the  ascendant,  and  the  political  power  of  the  State  was  in  their 
hands. 

The  President  hailed  this  evidence  of  returning  reason  as  an 
auspicious  event.  It  had  been  his  constant  effort  from  the  begin 
ning  to  induce  the  Anti-Slavery  party  to  vote.  Now  that  this 
had  been  accomplished,  he  knew  that  all  revolutionary  troubles 
in  Kansas  would  speedily  terminate.  A  resort  to  the  ballot 
box,  instead  of  force,  was  the  most  effectual  means  of  restoring 
peace  and  tranquillity. 

It  was  after  all  these  events  had  transpired,  that  the  Presi- 

*  Message  Dec.  6,  1858. 


42  ME.  BUCHANAN'S  ADMINISTRATION 

dent,  on  the  30th  January,  1858,  received  the  Lecompton  Con 
stitution,  with  a  request  from  the  President  of  the  Convention 
that  it  might  be  submitted  to  the  consideration  of  Congress. 
This  was  done  by  the  message  of  the  2d  February,  1858,  from 
which  we  have  already  made  several  extracts.  In  this  the 
President  recommended  the  admission  of  Kansas  as  a  State  under 
the  Lecompton  Constitution.  He  says :  "  The  people  of  Kansas 
have,  then,  l  in  their  own  way,'  and  in  strict  accordance  with  the 
organic  act,  framed  a  constitution  and  State  Government ;  have 
submitted  the  all-important  question  of  slavery  to  the  people, 
and  have  elected  a  governor,  a  member  to  represent  them  in 
Congress,  members  of  the  State  Legislature,  and  other  State 
officers.  They  now  ask  admission  into  the  Union  under  this 
constitution,  which  is  republican  in  its  form.  It  is  for  Congress 
to  decide  whether  they  will  admit  or  reject  the  State  which  has 
thus  been  created.  For  my  own  part,  I  am  decidedly  in  favor 
of  its  admission,  and  thus  terminating  the  Kansas  question. 
This  will  carry,  out  the  great  principle  of  non-intervention  recog 
nized  and  sanctioned  by  the  organic  act,  which  declares  in  ex 
press  language  in  favor  of  '  non-intervention  by  Congress  with 
slavery  in  the  States  or  Territories,'  leaving  '  the  people  thereof 
perfectly  free  to  form  and  regulate  their  domestic  institutions 
in  their  own  way,  subject  only  to  the  Constitution  of  the  United 
States.'  In  this  manner,  by  localizing  the  question  of  slavery 
and  confining  it  to  the  people  whom  it  immediately  concerned, 
every  patriot  anxiously  expected  that  this  question  would  be 
banished  from  the  halls  of  Congress,  where  it  has  always  ex 
erted  a  baneful  influence  throughout  the  whole  country;" 

"  If  Congress,  for  the  sake  of  those  men  who  refused  to  vote 
for  delegates  to  the  convention  when  they  might  have  excluded 
slavery  from  the  constitution,  and  who  afterwards  refused  to 
vote  on  the  21st  December  last,  when  they  might,  as  they  claim, 
have  stricken  slavery  from  the  constitution,  should  now  reject 
the  State  because  slavery  remains  in  the  constitution,  it  is  man 
ifest  that  the  agitation  on  this  dangerous  subject  will  be  renewed 
in  a  more  alarming  form  than  it  has  ever  yet  assumed." 

"  As  a  question  of  expediency,  after  the  right  [of  admission] 
has  been  maintained,  it  may  be  wise  to  reflect  upon  the  benefits 


ON   THE   EVE   OP   THE   EEBELLION.  43 

to  Kansas  and  to  the  whole  country  which  would  result  from  its 
immediate  admission  into  the  Union,  as  well  as  the  disasters 
which  may  follow  its  rejection.  Domestic  peace  will  be  the 
happy  consequence  of  its  admission,  and  that  fine  Territory, 
which  has  hitherto  been  torn  by  dissensions,  will  rapidly  in 
crease  in  population  and  wealth,  and  speedily  realize  the  bless 
ings  and.  the  comforts  which-  follow  in  the  train  of  agricultural 
and  mechanical  industry.  The  people  will  then  be  sovereign, 
and  can  regulate  their  own  affairs  in  their  own  way.  If  a  ma 
jority  of  them  desire  to  abolish  domestic  slavery  within  the  State, 
there  is  no  other  possible  mode  by  which  this  can  be  effected  so 
speedily  as  by  prompt  admission.  The  will  of  the  majority  is 
supreme  and  irresistible  when  expressed  in  an  orderly  and  law 
ful  manner.  They  can  make  and  unmake  constitutions  at 
pleasure.  It  would  be  absurd  to  say  that  they  can  impose 
fetters  upon  their  own  power  which  they  cannot  afterwards 
remove.  If  they  could  do  this,  they  might  tie  their  own  hands 
for  a  hundred  as  well  a<s  for  ten  years.  These  are*  fundamental 
principles  of  American  freedom,  and  are  recognized,  I  believe, 
in  some  form  or  other,  by  every  State  constitution ;  and  if  Con 
gress,  in  the  act  of  admission,  should  think  proper  to  recognize 
them,  I  can  perceive  no  objection  to  such  a  course.  This  has 
been  done  emphatically  in  the  constitution  of  Kansas.  It  de 
clares  in  the  bill  of  rights  that  '  all  political  power  is  inherent 
in  the  people,  and  all  free  governments  are  founded  on  their  au 
thority  and  instituted  for  their  benefit,  and  therefore  they  have 
at  all  times  an  inalienable  and  indefeasible  right  to  alter,  reform, 
or  abolish  their  form  of  government  in  such  manner  as  they 
may  think  proper.'  The  great  State  of  JN"ew  York  is  at  this 
moment  governed  under  a  constitution  framed  and  established  in 
direct  opposition  to  the  mode  prescribed  by  the  previous  consti 
tution.  If,  therefore,  the  provision  changing  the  Kansas  consti 
tution  after  the  year  one  thousand  eight  hundred  and  sixty-four, 
could  by  possibility  be  construed  into  a  prohibition  to  make 
such  a  change  previous  to  that  period,  this  prohibition  would 
be  wholly  unavailing.  The  Legislature  already  elected  may,  at 
its  very  first  session,  submit  the  question  to  a  vote  of  the  people 
whether  they  will  or  will  not  have  a  convention  to  amend  their 


44 

constitution,  and  adopt  all  necessary  means  for  giving  effect  to 
the  popular  will." 

"  Every  patriot  in  the  country  had  indulged  the  hope  that 
the  Kansas  and  Nebraska  Act  would  put  a  final  end  to  the 
slavery  agitation,  at  least  in  Congress,  which  had  for  more  than 
twenty  years  convulsed  the  country  and  endangered  the  Union. 
This  act  involved  great  and  fundamental  principles,  and  if 
fairly  carried  into  effect  will  settle  the  question.  Should  the 
agitation  be  again  revived,  should  the  people  of  the  sister  States 
be  again  estranged  from  each  other  with  more  than  their  former 
bitterness,  this  will  arise  from  a  cause,  so  far  as  the  interests  of 
Kansas  are  concerned,  more  trifling  and  insignificant  than  has 
ever  stirred  the  elements  of  a  great  people  into  commotion.  To 
the  people  of  Kansas,  the  only  practical  difference  between  ad 
mission  or  rejection  depends  simply  upon  the  fact  whether  they 
can  themselves  more  speedily  change  the  present  constitution  if 
it  does  not  accord  with  the  will  of  the  majority,  or  frame  a  sec 
ond  constitution  to  be  submitted  to  Congress  hereafter.  Even 
if  this  were  a  question  of  mere  expediency,  and  not  of  right,  the 
small  difference  of  time,  one  way  or  the  other,  is  of  not  the  least 
importance,  when  contrasted  with  the  evils  which  must  neces 
sarily  result  to  the  whole  country  from  a  revival  of  the  slavery 
agitation. 

"In  considering  this  question,  it  should  never  be  forgotten 
that,  in  proportion  to  its  insignificance,  let  the  decision  be  what 
it  may,  so  far  as  it  may  affect  the  few  thousand  inhabitants  of 
Kansas  who  have  from  the  beginning  resisted  the  constitution 
and  the  laws,  for  this  very  reason  the  rejection  of  the  constitu 
tion  will  be  so  much  the  more  keenly  felt  by  the  people  of  four 
teen  of  the  States  of  this  Union,  where  slavery  is  recognized 
under  the  Constitution  of  the  United  States. 

"  Again :  The  speedy  admission  of  Kansas  into  the  Union 
would  restore  peace  and  quiet  to  the  whole  country.  Already 
the  affairs  of  this  Territory  have  engrossed  an  undue  proportion 
of  public  attention.  They  have  sadly  affected  the  friendly  rela 
tions  of  the  people  of  the  States  with  each  other,  and  alarmed 
the  fears  of  patriots  for  the  safety  of  the  Union.  Kansas  once 
admitted  into  the  Union,  the  excitement  becomes  localized,  and 


ON   THE   EVE   OF   THE   REBELLION.  45 

will  soon  die  away  for  want  of  outside  aliment.  Then  every 
difficulty  will  be  settled  at  the  ballot  box." 

^  I  have  thus  performed  my  duty  on  this  important  question, 
under  a  deep  sense  of  responsibility  to  God  and  my  country.  My 
public  life  will  terminate  within  a  brief  period ;  and  I  have  no 
other  object  of  earthly  ambition  than  to  leave  my  country  in 
a  peaceful  and  prosperous  condition,  and  to  live  in  the  affections 
and  respect  of  my  countrymen.  The  dark  and  ominous  clouds 
which  now  appear  to  be  impending  over  the  Union,  I  conscien 
tiously  believe  may  be  dissipated  with  honor  to  every  portion  of 
it  by  the  admission  of  Kansas  during  the  present  session  of  Con 
gress;  whereas,  if  she  should  be  rejected,  I  greatly  fear  these 
clouds  will  become  darker  and  more  ominous  than  any  which 
have  ever  yet  threatened  the  Constitution  and  the  Union." 

This  Message  gave  rise  to  a  long,  exciting,  and  occasionally 
violent  debate  in  both  Houses  of  Congress,  between  the  Anti- 
Slavery  members  and  their  opponents,  which  lasted  for  nearly 
three  months.  In  the  course  of  it  slavery  was  denounced  in 
every  form  which  could  exasperate  the  Southern  people  and 
render  it  odious  to  the  people  of  the  North ;  whilst,  on  the  other 
hand,  many  of  the  speeches  of  Southern  members  displayed 
characteristic  violence.  Thus  two  sessions  of  Congress  in  suc 
cession  had  been  in  a  great  degree  occupied  with  the  same  in 
flammatory  topics,  in  discussing  the  affairs  of  Kansas. 

The  debate  was  finally  concluded  by  the  passage  of  the 
"Act  for  the  admission  of  the  State  of  Kansas  into  the  Union," 
of  the  4th  May,  1858.*  This  act,  which  had  been  reported  by 
a  Committee  of  Conference  of  both  Houses,  was  passed  in  the 
Senate  by  a  vote  of  31  to  22,  and  in  the  House  by  a  vote  of  112 
to  103.f  This  was  strictly  a  party  vote  in  both  Houses,  with 
the  exception  of  Mr.  Douglas,  in  the  Senate,  who  voted  with  the 
minority,  and  a  few  so-called  Anti-Lecompton  Democrats  who 
voted  with  the  minority  in  the  House.  This  act  explicitly 
recognizes  the  validity  of  the  proceedings  in  Kansas  which  had 
given  birth  to  the  Lecompton  Constitution.  The  preamble  re 
cites  that — 

*  11  U.  S.  Laws,  p.  269. 

t  Con.  Globe,  1857-8,  pp.  1899  and  1905. 


46 

u  WTwreas,  The  people  of  the  Territory  of  Kansas  did,  by 
a  Convention  of  Delegates  assembled  at  Lecompton,  on  the 
seventh  day  of  November,  one  thousand  eight  hundred  and 
fifty-seven,  for  that  purpose,  form  for  themselves  a  Constitution 
and  State  Government,  which  Constitution  is  republican,"  etc. ; 
and  it  then  proceeds  to  enact,  "  That  the  State  of  Kansas  be, 
and  is  hereby,  admitted  into  the  Union  on  an  equal  footing  with 
the  original  States  in  all  respects  whatever,  but  upon  this  fun 
damental  condition  precedent,"  etc. 

The  necessity  for  this  condition  precedent  arose  from  the  fact 
that  the  ordinance  of  the  Convention  accompanying  the  consti 
tution,  claimed  for  the  State  a  cession  of  the  public  lands 
more  than  six  times  the  quantity  which  had  been  granted  to 
other  States  when  entering  the  Union.*  The  estimated  amount 
was  more  than  twenty-three  million  five  hundred  thousand 
acres.  To  such  an  exaction  Congress  could  not  yield.  In  lieu 
of  this  ordinance,  therefore,  they  proposed  to  submit  to  a  vote 
of  the  people  of  Kansas  a  proposition  reducing  the  number  of 
acres  to  be  ceded,  to  that  which  had  been  granted  to  other 
States.  Should  this  proposition  be  accepted  by  the  people, 
then  the  fact  was  to  be  announced  by  the  proclamation  of  the 
President ;  and  "  thereafter,  and  without  any  further  proceedings 
on  the  part  of  Congress,  the  admission  of  the  State  of  Kansas 
into  the  Union,  upon  an  equal  footing  with  the  original  States  in 
all  respects  whatever,  shall  be  complete  and  absolute." 

Such  was  the  condition  precedent,  which  was  never  fulfilled, 
because  the  people  by  their  votes  on  the  2d  of  August,  1858, 
rejected  the  proposition  of  Congress,  and  therefore  Kansas  was 
not  admitted  into  the  Union  under  the  Lecompton  Constitution. 
Notwithstanding  this,  the  recognition  by  Congress  of  the  regu 
larity  of  the  proceedings  in  forming  the  Lecompton  Constitution 
did  much  good,  at  least  for  a  season.  It  diverted  the  attention 
of  the  people  from  fighting  to  voting,  a  most  salutary  change. 
The  President,  in  referring  to  this  subject  in  his  next  annual 
Message  of  December  6,  1858,  uses  the  following  language : 
"  When  we  compare  the  condition  of  the  country  at  the  present 

*  Con.  Globe,  1857-8,  p.  1766. 


ON   THE   EVE   OF   THE   EEBELLION.  4:7 

day  with  what  it  was  one  year  ago,  at  the  meeting  of  Congress, 
we  have  much  reason  for  gratitude  to  that  Almighty  Providence 
which  has  never  failed  to  interpose  for  our  relief  at  the  most 
critical  periods  of  our  history.  One  year  ago  the  sectional  strife 
between  the  North  and  the  South  on  the  dangerous  subject  of 
slavery  had  again  become  so  intense  as  to  threaten  the  peace 
and  perpetuity  of  the  confederacy.  The  application  for  the  ad 
mission  of  Kansas  as  a  State  into  the  Union  fostered  this  un 
happy  agitation,  and  brought  the  whole  subject  once  more  before 
Congress.  It  was  the  desire  of  every  patriot  that  such  measures 
of  legislation  might  be  adopted  as  would  remove  the  excitement 
from  the  States  and  confine  it  to  the  Territory  where  it  legiti 
mately  belonged.  Much  has  been  done,  I  am  happy  to  say,  to 
wards  the  accomplishment  of  this  object  during  the  last  session 
of  Congress. 

"  The  Supreme  Court  of  the  United  States  had  previously  de 
cided  that  all  American  citizens  have  an  equal  right  to  take  into 
the  Territories  whatever  is  held  as  property  under  the  laws  of 
any  of  the  States,  and  to  hold  such  property  there  under  the 
guardianship  of  the  Federal  Constitution,  so  long  as  the  territo 
rial  condition  shall  remain.  This  is  now  a  well-established  posi 
tion,  and  the  proceedings  of  the  last  session  were  alone  wanting 
to  give  it  practical  effect. 

"  The  principle  has  been  recognized,  in  some  form  or  other,  by 
an  almost  unanimous  vote  of  both  Houses  of  Congress,  that  a 
Territory  has  a  right  to  come  into  the  Union  either  as  a  free  or 
a  slave  State,  according  to  the  will  of  a  majority  of  its  people. 
The  just  equality  of  all  the  States  has  thus  been, vindicated,  and 
a  fruitful  source  of  dangerous  dissension  among  them  has  been 
removed. 

"  While  such  has  been  the  beneficial  tendency  of  your  legisla 
tive  proceedings  outside  of  Kansas,  their  influence  has  nowhere 
been  so  happy  as  within  that  Territory  itself.  Left  to  manage 
and  control  its  own  affairs  in  its  own  way,  without  the  pressure 
of  external  influence,  the  revolutionary  Topeka  organization, 
and  all  resistance  to  the  territorial  government  established  by 
Congress,  have  been  finally  abandoned.  As  a  natural  conse 
quence,  that  fine  Territory  now  appears  to.be  tranquil  and  pros- 
4 


48  ME.  BUCHANAN'S  ADMINISTRATION 

perous,  and  is  attracting  increasing  thousands  of  immigrants  to 
make  it  their  happy  home. 

"  The  past  unfortunate  experience  of  Kansas  has  enforced  the 
lesson,  so  often  already  taught,  that  resistance  to  lawful  author 
ity,  under  our  form  of  government,  cannot  fail  in  the  end  to 
prove  disastrous  to  its  authors." 

It  is  unnecessary  to  pursue  this  subject  further  than  to  state 
that  Kansas  was  finally  admitted  into  the  Union  on  the  29th 
January,  1861. 

The  series  of  events  already  enumerated  had  greatly 
strengthened  and  extended  the  Anti-Slavery  party.  It  soon 
drew  within  its  vortex  all  other  political  organizations  in  the  free 
States,  except  that  of  the  old  Democratic  party,  and  consoli 
dated  them  under  the  name  of  the  Eepublican  party.  This 
thenceforward  became  purely  sectional,  and  was  confined  to 
the  States  north  of  Mason  and  Dixon's  line. 

.  The  Kansas  and  Nebraska  Act  had  referred  all  constitutional 
questions  respecting  slavery  in  the  Territories,  to  the  Supreme 
Court  of  the  United  States.  It  accordingly  furnished  the  neces 
sary  facilities  for  bringing  cases  "  involving  title  to  slaves,"  or 
the  "  question  of  personal  freedom,"  before  that  tribunal. 

At  the  period  of  Mr.  Buchanan's  inauguration  a  case  was 
pending  before  that  Court  (Dred  Scott  v.  Sandford,  19  Howard's 
Reports,  p.  393)  involving  all  the  contested  questions  in  regard 
to  slavery.  This,  at  the  time,  presented  to  him  a  cheerful  but 
delusive  prospect.  He  confidently  expected  that  the  decision 
of  the  Court  would  settle  all  these  questions  and  eventually  re 
store  harmony .  among  the  States.  Accordingly,  in  his  Inau 
gural  Address,  he  had  declared  that  to  this  decision,  whatever  it 
might  be,  he  should,  in  common  with  all  good  citizens,  cheer 
fully  submit.  This  was  his  imperative  duty.  Our  free  form  of 
government  must  soon  be  destroyed,  should  the  Executive  set 
up  his  judgment  against  that  of  the  coordinate  judicial  branch, 
on  a  question  clearly  within  its  constitutional  jurisdiction. 

Two  days  after  the  inauguration,  on  the  6th  March,  1857, 
the  Supreme  Court  pronounced  its  judgment.  This  was  deliv 
ered  b}  Chief  Justice  Taney,  and  embraced  all  the  points  in  con- 
troverf  f.  It  establishes  the  following  propositions : 


ON   THE   EVE   OF   THE   REBELLION.  49 

1.  Congress  has  power  to  acquire  territory,  "to  be  held  by 
the  United  States  until  it  is  in  a  suitable  condition  to  become  a 
State  upon  an  equal  footing  with  the  other  States." 

2.  This  territory  is  "  acquired  by  the  General  Government, 
as  the  representative  and  trustee  of  the  people  of  the  United 
States,  and  it  must  therefore  be  held  in  that  character  for  their 
common  and  equal  benefit ;  for  it  was  the  people  of  the  several 
States,  acting  through  their  agent  and  representative,  the  Fed 
eral  Government,  who  in  fact  acquired  the  territory  in  question, 
and  the  Government  holds  it  for  their  common  use,  until  it  shall 
be  associated  with  the  other  States  as  a  member  of  the  con 
federacy." 

3.  Until  that  time  should  arrive,  it  was  the  duty  of  Congress 
to  establish  a  government  over  the   Territory,   "  best  suited 
for  the  protection  and  security  of  the  citizens  of  the  United 
States,  and  other  inhabitants  who  might  be  authorized  to  take 
up  their  abode  there." 

4.  But  "the   territory  being  a  part  of  the  United  States, 
the  Government  and  the  citizen  both  enter  it  under  the  authority 
of  the  Constitution,  with  their  respective  rights  denned  and 
marked  out ;  and  the  Federal  Government  can  exercise  no  power 
over  his  person  or  property  beyond  what  that  instrument  con 
fers,  nor  lawfully  deny  any  right  which  it  has  reserved." 

5.  The  Federal  Government  possesses  no  power  to  violate 
the  rights  of  property  within  such  Territory,  because  these  "  are 
united  with  the  rights  of  persons,  and  placed  on  the  same  ground 
by  the  fifth  amendment  to  the  Constitution,  which  provides  -that 
no  person  shall  be  deprived  of  life,  liberty,  or  property,  without 
due  process  of  law."     "  And  the  powers  over  persons  and  property 
of  which  we  speak,  are  not  only  not  granted  to  Congress,  but 
are  in  express  terms  denied,  and  they  are  forbidden  to  exercise 
them.     And  this  prohibition  is  not  confined  to  the  States,  but 
the  words  are  general,  and  extend  to  the  whole  Territory  over 
which  •  the  Constitution  gives  it  power  to  legislate,  including 
those  portions  of  it  remaining  under  Territorial  Government,  as 
well  as  that  covered  by  States.     It  is  a  total  absence  of  power 
everywhere  within  the  dominion  of  the  United  States,  and  places 
the  citizens  of  a  Territory,  as  far  as  these  rights  are  concerned, 


50  ME.  BUCHANAN'S  ADMINISTEATION 

on  the  same  footing  with  citizens  of  the  States,  and  guards  them 
as  firmly  and  plainly  against  any  inroads  which  the  General 
Government  might  attempt,  under  the  plea  of  implied  or  inci 
dental  powers.  And  if  Congress  itself  cannot  do  this — if  it  is 
beyond  the  powers  conferred  on  the  Federal  Government — it 
will  be  admitted,  we  presume,  that  it  could  not  authorize  a  ter 
ritorial  Government  to  exercise  them.  It  could  confer  no  power 
on  any  local  Government,  established  by  its  authority,  to  violate 
the  provisions  of  the  Constitution." 

6.  "  It  seems,  however,  to  be  supposed,  that  there  is  a  differ 
ence  between  property  in  a  slave  and  other  property,  and  that 
different  rules  may  be  applied  to  it  in  expounding  the  Constitu 
tion  of  the  United  States."  "  Now,  as  we  have  already  said  in 
an  earlier  part  of  this  opinion,  on  a  different  point,  the  right  of 
property  in  a  slave  is  distinctly  and  expressly  affirmed  in  the 
Constitution.  The  right  to  traffic  in  it,  like  an  ordinary  article 
of  merchandise  and  property,  was  guaranteed  to  the  citizens  of 
the  United  States,  in  every  State  that  might  desire  it,  for  twenty 
years.  And  the  Government  in  express  terms  is  pledged  to 
protect  it  in  all  future  time,  if  the  slave  escapes  from  his  owner. 
This  is  done  in  plain  words — too  plain  to  be  misunderstood. 
And  no  word  can  be  found  in  the  Constitution  which  gives  Con 
gress  a  greater  power  over  slave  property,  or  which  entitles 
property  of  that  kind  to  less  protection  than  property  of  any 
other  description.  The  only  power  conferred  is  the  power  coupled 
with  the  duty  of  guarding  and  protecting  the,  owner .  in  his 
rights." 

"  Upon  these  considerations  it  is  the  opinion  of  the  Court 
that  the  Act  of  Congress  which  prohibited  a  citizen  from  hold 
ing  and  owning  property  of  this  kind  in  the  territory  of  the 
United  States  north  of  the  line  therein  mentioned  [the  Missouri 
Compromise  line],  is  not  warranted  by  the  Constitution,  and  is 
therefore  void." 

This  decision,  so  full  and  explicit,  established  the  right  of  the 
master  to  take  his  slaves  into  the  Territories  and  hold  them 
there  in  despite  of  all  conflicting  Congressional  or  Territorial 
legislation,  until  the  Territories  should  be  prepared  to  assume 
the  position  of  States. 


ON  THE   EVE   OF  THE  REBELLION.  51 

It  might  have  been  expected  that  this  decision  would  have 
superseded  all  opposing  political  platforms,  and  ended  the  con 
troversy  in  regard  to  slavery  in  the  Territories.  This  expecta 
tion,  notwithstanding,  soon  proved  to  be  a  delusion.  Instead 
of  yielding  it  obedience,  its  correctness  and  binding  effect  were 
instantly  resisted  by  the  Kepublican  party.  They  denounced 
and  repudiated  it  in  every  possible  form  from  the  first  moment, 
and  continued  to  maintain,  in  opposition  to  its  express  terms, 
that  it  was  not  only  the  right  but  the  duty  of  Congress  to  abolish 
slavery  in  all  the  Territories.  This  became  a  cardinal  principle 
in  the  Chicago  platform  on  which  Mr.  Lincoln  was  nominated 
and  elected,  and  to  which  his  Inaugural  proves  he  had  deter 
mined  to  adhere.  The  agitation  continued  for  years,  just  as 
though  the  Supreme  Court  had  never  decided  the  question,  until 
at  length  Congress  passed  an  Act,  on  the  19th  June,  1862,*  de 
claring  that  from  and  after  its  passage,  "  there  shall  be  neither 
slavery  nor  involuntary  servitude  in  any  of  the  Territories  of  the 
United  States  now  existing,  or  which  may  at  any  time  hereafter 
be  formed  or  acquired  by  the  United  States,  otherwise  than  in 
punishment  of  crimes  whereof  the  party  shall  have  been  duly 
convicted." 

This  Act  stands  upon  the  Statute  Book  in  direct  conflict 
with  the  Constitution  as  expounded  by  the  Supreme  Coordinate 
Judicial  Tribunal,  and  is  therefore,  according  to  the  theory  of 
our  Government,  a  mere  nullity. 

On  the  other  hand,  a  large  and  respectable  portion  of  the  old 
Democratic  party  of  the  North,  best  known  as  the  Douglas 
Democracy,  equally  disregarded  the  decision  of  the  Supreme 
Court.  For  some  years  before  it  was  pronounced ,  this  party,  whilst 
admitting  that  the  Constitution  authorizes  the  migration  of 
slaves  from  the  States  into  the  Territories,  had  maintained  that 
after  their  arrival  it  was  competent  for  the  Territorial  Legisla 
ture  to  impair  or  destroy  the  rights  of  the  master.  They  claimed 
this  power  by  virtue  of  a  supposed  inherent  attribute  of  popular 
sovereignty  alleged  to  belong  to  the  first  settlers  of  a  Territory, 
just  as  it  exists  in  the  people  of  one  of  the  States.  This  doctrine 

*  Pamph.  Laws,  1861-62,  p.  432. 


52  ME.  BUCHANAN'S  ADMINISTRATION 

was  appropriately,  though  not  in  good  taste,  called  "  squatter 
sovereignty."  It  involved,  at  least  in  appearance,  an  extension 
of  popular  rights,  and  was  therefore  well  calculated  to  enlist  pub 
lic  sympathy  in  its  favor.  It  -was  presented  and  enforced  by  its 
advocates  in  such  captivating  colors,  that  before  the  date  of  the 
decision  it  had  secured  many  enthusiastic  adherents  in  the  North, 
whilst  it  was  utterly  repudiated  in  the  South.  The  Douglas 
Democracy  contended  that  this  their  favorite  theory  had  been 
recognized  in  May,  1854,  by  the  Kansas  and  Nebraska  Act,  de 
claring  it  to  be  "  the  true  intent  and  meaning  of  this  Act  not  to 
legislate  slavery  into  any  Territory  or  State,  nor  to  exclude  it 
therefrom;  but  to  leave  the  people  thereof  free  to  form  and 
regulate  their  domestic  institutions  in  their  own  way,  subject 
only  to  the  Constitution  of  the  United  States." 

They  ought  to  have  reflected  that  even  if  this  provision  had 
in  plain  language  conferred  upon  the  first  settlers  the  power  to 
abolish  slavery,  still,  according  to  its  very  terms,  it  was  "  subject 
to  the  Constitution  of  the  United  States,"  and  like  all  other  laws 
it  would  be  void  if  in  conflict  with  this  Constitution.  What 
tribunal  was  to  decide  this  question  ?  Certainly  the  Supreme 
Court.  Indeed  the  law  itself  had,  in  express  terms,  recognized 
this,  by  prescribing  the  appropriate  method  of  bringing  the 
question  before  that  Court.  After  the  Court,  therefore,  in  March, 
185 7,  had  decided  the  question  against  their  ideas  of  Territorial 
sovereignty,  they  ought  to  have  yielded.  They  ought  to  have 
acquiesced  in  the  doctrine  that  property,  including  that  in  slaves, 
as  well  in  the  Territories  as  in  the  States,  is  placed  under  the 
protection  of  the  Constitution,  and  that  neither  a  Territorial 
Legislature  nor  Congress  possesses  the  power  to  impair  or  de 
stroy  it. 

This  decision  ought  surely  to  have  ended  the  question ;  but 
not  so.  Instead  of  this,  the  Douglas  Democracy  disregarded  the 
decision  altogether.  They  treated  it  as  though  it  had  never 
been  made,  and  still  continued  to  agitate  without  intermission, 
and  with  powerful  effect,  until  the  very  day  of  President  Lin 
coln's  election.  Absolute  non-interference  with  slavery  in  the 
Territories,  on  the  part  of  any  human  power  outside  of  them, 
was  their  watchword;  thus  leaving  the  people  thereof  en- 


ON  THE   EVE   OF  THE  REBELLION.  53 

tirely  free  to  regulate  or  destroy  it  according  to  their  own  dis 
cretion. 

On  the  other  hand,  the  old  Democracy,  true  to  its  ancient 
and  time-honored  principles  in  support  of  law  and  order,  at  once 
yielded  a  willing  obedience  to  the  decision  of  the  Supreme  Court. 
Whatever  differences  of  opinion  previously  existed  among  them 
in  regard  to  the  correctness  of  the  decision,  at  once  disappeared. 
Without  being  the  advocates  of  domestic  slavery,  they  held  them 
selves  bound  by  the  compromises  made  and  recorded  in  the 
Constitution  by  its  illustrious  authors,  and  sustained  the  decision 
from  an  imperious  sense  of  public  duty.  It  did  not  require  the 
authority  of  the  Supreme  Court  to  convince  a  large  majority  of 
them  that  a  Territorial  Legislature  had  not  power  to  deprive  a 
citizen  of  his  property  which  was  denied  both  to  a  State  Legisla 
ture  and  to  Congress.  This  extreme  power  of  sovereignty  in  the 
latter  cases  they  knew  could  only  be  conferred  by  an  amend 
ment  to  the  State  or  Federal  Constitution. 

The  Douglas  Democracy  still  placed  their  principal  reliance, 
as  they  had  done  before  the  decision,  on  the  language  of  the 
Kansas  and  Nebraska  Act.  The  difference  between  them  and 
the  old  Democracy  related  to  the  point  of  time  intended  by  the 
act,  when  the  people  of  the  Territories  were  recognized  to  pos 
sess  the  power  u  to  form  and  regulate  their  domestic  institutions 
in  their  own  way."  Was  this  at  any  time  they  pleased  after 
the  arrival  of  the  first  settlers,  or  not  until  the  people  should 
assemble  in  convention  to  form  a  State  government,  when,  in 
the  language  of  the  act,  they  were  to  be  admitted  into  the 
Union  "  with  or  without  slavery,  as  their  constitution  may  pre 
scribe  at  the  time  of  their  admission  "  ?  According  to  the  con 
struction  of  the  Douglas  Democracy,  the  act  recognized  their 
right  to  "abolish  slavery  at  any  period  of  the  Territorial  exist 
ence  ;  but  according  to  the  construction  of  the  old  Democracy, 
there  was  no  recognition  of  this  right,  until  the  period  when 
they  should  meet  in  convention  to  form  a  State  constitution ; 
and  such  was  in  accordance  with  the  decision  of  the  Supreme 
Court. 

If  the  Douglas  construction  of  the  act  be  correct,  it  is  mor 
ally  certain  that  the  Southern  Senators  and  Representatives  who 


54-  ME.  BUCHANAN'S  ADMINISTRATION 

were  warm  advocates  of  its  passage,  could  not  possibly  have  so 
understood  it.  If  they  had,  they  would  then  have  voluntarily 
voted  away  the  rights  of  their  own  constituents.  Indeed,  such  a 
construction  of  the  act  would  be  more  destructive  to  the  interests 
of  the  slaveholder,  than  the  Eepublican  doctrine  of  Congressional 
exclusion.  Better,  far  better  for  him  to  submit  the  question  to 
Congress,  where  he  could  be  deliberately  heard  by  his  representa 
tives,  than  to  be  deprived  of  his  slaves,  after  he  had  gone  to  the 
trouble  and  expense  of  transporting  them  to  a  Territory,  by  a 
hasty  enactment  of  a  Territorial  Legislature  elected  annually 
and  freed  from  all  constitutional  restraints.  Such  a  construc 
tion  of  the  Kansas  and  Nebraska  Act  would  be  in  direct  opposi 
tion  to  the  policy  and  practice  of  the  Government  from  its  origin. 
The  men  who  framed  and  built  up  our  institutions,  so  far  from 
regarding  the  Territories  to  be  sovereign,  treated  them  as  mere 
wards  of  the  Federal  Government.  Congress,  as  a  faithful  and 
kind  guardian,  watched  over  their  infancy  and  promoted  their 
growth  and  prosperity  until  they  attained  their  majority.  During 
the  period  of  their  pupilage  the  persons  and  property  of  the 
inhabitants  were  protected  by  the  Constitution  and  laws  of  the 
United  States.  When  the  population  had  so  far  increased  as  to 
render  this  expedient,  Congress  gave  them  a  Territorial  Gov 
ernment.  But  in  conferring  upon  the  settlers  the  privilege  to 
elect  members  to  the  popular  branch  of  the  Territorial  Legisla 
ture,  they  took  care  to  reserve  the  appointment  of  the  Governor 
and  the  members  of  the  Council  to  the  President  and  Senate. 
Moreover,  they  expressly  provided,  in  the  language  of  the  com 
promise  measures  of  1850,  "  that  all  the  laws  passed  by  the 
Legislative  Assembly  and  Governor  shall  be  submitted  to  the 
Congress  of  the  United  States,  and  if  disapproved,  shall  be  null 
and  of  no  effect."  This  limitation  on  their  powers  was  intended 
to  restrain  them  from  enacting  laws  in  conflict  with  the  Consti 
tution,  the  laws,  or  the  established  policy  of  the  United  States. 
It  produced  the  happiest  effect.  The  cases  are  rare,  indeed,  in 
which  Congress  found  it  necessary  to  exercise  this  disapproving 
power.  It  was  not  then  foreseen  that,  any  political  party  would 
arise  in  this  country,  claiming  the  right  for  the  majority  of  the 
first  settlers  of  a  Territory,  under  the  plea  of  popular  sovereignty, 


ON  THE   EVE   OF  THE  EEBELLIOJST.  55 

to  confiscate  the  property  of  the  minority.  When  the  popula 
tion  in  the  Territories  had  reached  a  sufficient  number,  Congress 
admitted  them  as  States  into  the  Union  under  constitutions 
framed  by  themselves,  "  with  or  without  slavery,"  according  to 
their  own  discretion. 

Long  experience  had  abundantly  sanctioned  the  wisdom  of 
this  policy.  Under  its  benign  influence  many  powerful  and 
prosperous  States  have  been  admitted  into  the  Union.  No 
serious  difficulties  had  ever  occurred  until  the  attempt  was  made 
to  abolish  it  under  the  construction  in  favor  of  "  squatter  sov 
ereignty"  given  to  the  Kansas  and  Nebraska  Act. 

The  Southern  people,  who  had  expected  that  after  the  deci 
sion  of  the  Supreme  Court  their  equal  rights  in  the  Territories 
would  be  respected  by  the  Northern  Democracy,  were  deeply 
mortified  and  disappointed  to  find  that  a  large  portion  of  this 
party  still  persevered  in  assailing  these  rights.  This  exasperated 
them,  and  placed  in  the  hands  of  Southern  disunion  agitators  a 
powerful  weapon  against  the  Union. 

President  Buchanan,  ever  since  the  commencement  of  his 
administration,  has  been  persistently  denounced,  especially  by 
the  Douglas  Democracy,  for  sustaining  the  law  as  pronounced 
by  the  highest  judicial  authority  of  the  country.  He  has  been 
charged  with  proving  faithless  to  the  Cincinnati  platform,  which 
he  accepted  and  on  which  he  was  elected.  To  prove  this  would 
be  impossible,  because  it  is  altogether  silent  in  regard  to  the 
power  of  a  Territorial  Legislature  over  the  question  of  slavery. 
Nay,  more ;  whilst  affirming,  in  general  terms,  the  provisions  of 
the  Kansas  and  Nebraska  Act,  it  specifically  designates  a  future 
time  when  slavery  may  be  rightfully  abolished,  not  by  the  Terri 
torial  Legislature,  but  by  the  people.  This  is  when,  "  acting 
through  the  legally  and  fairly  expressed  will  of  a  majority  of 
actual  residents,  and  whenever  the  number  of  their  inhabitants 
justifies  it,  [they  assemble]  to  form  a  constitution  with  or  with 
out  domestic  slavery,  and  be  admitted  into  the  Union  upon  terms 
of  perfect  equality  with  the  other  States."  Before  this  period 
the  Cincinnati  platform  is  silent  on  the  subject.  The  power  is 
claimed  by  its  advocates  as  a  mere  inference  from  the  general 
language  of  the  Kansas  and  Nebraska  Act.  But  even  if  the 


56  ME.  BUCHANAN'S  ADMINISTRATION 

right  of  a  Territorial  Legislature  to  abolish  slavery  had  been 
affirmed  in  express  terms  by  the  Cincinnati  Convention,  which 
was  the  President  bound  to  obey  ? — a  political  platform,  or  the 
Constitution  as  expounded  afterwards  by  the  Supreme  Court  ? 
the  decree  of  a  nominating  convention,  or  the  supreme  law  of 
the  land  ?  He  could  not  hesitate  in  the  choice  under  his  oath 
faithfully  and  to  the  best  of  his  ability  "  to  preserve,  protect, 
and  defend  the  Constitution  of  the  United  States."  Sad  must 
be  the  condition  of  any  country  where  an  appeal  can  be  taken 
from  judicial  decisions  to  excited  popular  elections !  Under 
our  free  government  all  citizens  are  equal  before  the  law.  The 
law  and  the  law  alone  is  their  master*  When  this  is  disre 
garded  and  defied  by  excited  and  exasperated  popular  majori 
ties,  anarchy  and  confasion  must  be  the  inevitable  consequence. 
Public  and  private  rights  are  sacrificed  to  the  madness  of  the 
hour.  The  Government  itself  becomes  helpless  for  their  protec 
tion,  and  to  avoid  such  evils  history  has  taught  us  that  the  peo 
ple  will  at  last  seek  refuge  in  the  arms  of  despotism.  Let  all 
free  governments  in  future  times  prefit  by  our  example.  Let 
them  take  warning  that  the  late  disastrous  civil  war,  unjustifia 
ble  as  it  was,  would  most  probably  never  have  existed  had  not 
the  American  people  disobeyed  and  resisted  the  Constitution  of 
their  country  as  expounded  by  the  tribunal  which  they  them 
selves  had  created  for  this  express  purpose. 

The  great  Democratic  party  might  have  maintained  its  as 
cendency  and  saved  the  Union,  had  it  not  been  thus  hopelessly 
divided  at  this  critical  period.  Encouraged  and  emboldened 
by  its  irreconcilable  divisions,  the  Abolition  or  Republican  party 
no  longer  confined  itself  to  an  opposition  to  slavery  in  the  Ter 
ritories.  It  soon  extended  its  agitation  to  the  suppression  of 
slavery  within  the  States.  At  the  first  it  sought  to  save  ap 
pearances,  but  the  veil  was  too  transparent  to  conceal  its  pur 
poses. 


ON  THE  EVE  OF  THE  BEBELLION.  57 


CHAPTEE    III. 

Senator  Seward— The  "Irrepressible  Conflict"— Helper's  "Impending  Crisis  "—The 
John  Brown  Raid — The  nature  of  Fanaticism — The  Democratic  National  Conven 
tion  at  Charleston — Its  proceedings  and  adjournment  to  Baltimore — Reassem 
bling  at  Baltimore  and  proceedings  there — Its  breaking  up  and  division  into  the 
Douglas  and  the  Breckinridge  Conventions — Proceedings  of  each — Review  of  the 
whole  and  the  effect  on  the  South. 

SENATOR  SEWAKD,  of  New  York,  was  at  this  period  the 
acknowledged  head  and  leader  of  the  Eepublican  party.  In 
deed,  his  utterances  had  become  its  oracles.  He  was  much  more 
of  a  politician  than  a  statesman.  "Without  strong  convictions, 
he  understood  the  art  of  preparing  in  his  closet,  and  uttering 
before  the  public,  antithetical  sentences  well  calculated  both  to 
inflame  the  ardor  of  his  anti-slavery  friends  and  to  exasperate 
his  pro-slavery  opponents.  If  he  was  not  the  author  of  the 
"  irrepressible  conflict,"  he  appropriated  it  to  himself  and  con 
verted  it  into  a  party  oracle.  He  thus  aroused  passions,  proba 
bly  without  so  intending,  which  it  was  beyond  his  power  after 
wards  to  control.  He  raised  a  storm  which,  like  others  of  whom 
we  read  in  history,  he  wanted  both  the  courage  and  the  power 
to  quell. 

We  quote  the  following  extract  from  his  famous  speech  at 
Eochester  on  the  25th  of  October,  1858 :  *  "  Free  labor  and 
slave  labor,  these  antagonistic  systems,  are  continually  coming 
into  close  contact,  and  collision  results.  Shall  I  tell  you  what 
this  collision  means  ?  They  who  think  it  is  accidental,  unneces 
sary,  the  work  of  interested  or  fanatical  agitators,  and  therefore 
ephemeral,  mistake  the  case  altogether.  It  is  an  irrepressible 

*  Helper's  Compendium,  p.  142. 


58  ME.  BUCHANAN'S  ADMINISTRATION 

conflict  between  opposing  and  enduring  forces,  and  it  means  that 
the  United  States  must  and  will,  sooner  or  later,  become  either 
entirely  a  slaveholding  nation  or  entirely  a  free-labor  nation. 
Either  the  cotton  and  rice  fields  of  South  Carolina  and  the 
sugar  plantations  of  Louisiana  will  ultimately  be  tilled  by  free 
labor,  and  Charleston  and  New  Orleans  become  marts  for  legit 
imate  merchandise  alone,  or  else  the  rye  fields  and  wheat  fields 
of  Massachusetts  and  New  York  must  again  be  surrendered  by 
their  farmers  to  slave  culture  and  to  the  production  of  slaves, 
and  Boston  and  New  York  become  once  more  markets  for  trade 
in  the  bodies  and  souls  of  men." 

However  impossible  that  Massachusetts  and  New  York 
should  ever  again  become  slaveholding  States,  and  again  engage 
in  the  African  slave  trade,  yet  such  was  the  temper  of  the  times 
that  this  absurd  idea  produced  serious  apprehensions  in  the 
North.  It  gave  rise  to  still  more  serious  apprehensions  in  the 
South.  There  they  believed  or  affected  to  believe  that  the  peo 
ple  of  the  North,  in  order  to  avoid  the  dreaded  alternative  of 
having  slavery  restored  among  themselves,  and  having  their 
rye  fields  and  wheat  fields  cultivated  by  slave  labor,  would  put 
forth  all  their  efforts  to  cut  up  slavery  by  the  roots  in  the  South 
ern  States.  These  reckless  fancies  of  Senator  Seward  made  the 
deeper  impression  upon  the  public  mind,  both  North  and  South, 
because  it  was  then  generally  believed  that  he  would  be  the 
candidate  of  the  Republican  party  at  the  next  Presidential  elec 
tion.  In  accordance  with  the  views  expressed  by  Senator 
Seward,  Hinton  Helper's  "  Impending  Crisis  "  soon  afterwards 
appeared,  a  book  well  calculated  to  alarm  the  southern  people. 
This  was  ushered  into  the  world  by  the  following  warm  com 
mendation  from  Mr.  Seward  himself:  *  "  I  have  read  the  £  Im 
pending  Crisis  of  the  South '  with  great  attention.  It  seems  to 
me  a  work  of  great  merit,  rich  yet  accurate  in  statistical  infor 
mation,  and  logical  in  analysis." 

On  the  9th  of  March,  1859,  a  Republican  committee  in  New 
York,  consisting  of  Horace  Greeley,  Thurlow  Weed,  and  others, 
issued  a  circular  warmly  commending  the  book,  and  proposing 
to  publish  one  hundred  thousand  copies  of  a  compendium  of  it 

*  Fowler's  Sectional  Controversy,  p.  205. 

-• 


ON    THE   EVE    OF    THE    REBELLION.  59 

at  a  cheap  rate  for  gratuitous  circulation.  In  order  to  raise 
subscriptions  for  the  purpose,  they  obtained  the  recommendation 
of  this  plan  by  sixty-eight  Republican  members  of  Congress, 
with  Schuyler  Colfax  at  their  head.  It  is  in  the  following 
terms  :  *  "  We  the  undersigned,  members  of  the  House  of  Rep 
resentatives  of  the  National  Congress,  do  cordially  indorse  the 
opinion  and  approve  the  enterprise  set  forth  in  the  foregoing 
circular." 

The  author  kof  the  book  is  by  birth  a  North  Carolinian, 
though  of  doubtful  personal  character,  but  his  labors  have  since 
been  recognized  and  rewarded  by  his  appointment  as  Consul  of 
the  United  States  at  Buenos  Ayres. 

Published  under  such  auspices,  the  "  Impending  Crisis  "  Be 
came  at  once  an  authoritative  exposition  of  the  principles  of  the 
Republican  party.  The  original,  as  well  as  a  compendium,  were 
circulated  by  hundreds  of  thousands,  North,  South,  East,  and 
West.  No  book  could  be  better  calculated  for  the  purpose  of 
intensifying  the  mutual  hatred  between  the  North  and  the  South. 
This  book,  in  the  first  place,  proposes  to  abolish  slavery  in  the 
slaveholding  States  by  exciting  a  revolution  among  those  called 
"  the  poor  whites,"  against  their  rich  slaveholding  neighbors. 
To  accomplish  this  purpose,  every  appeal  which  perverse  inge 
nuity  and  passionate  malignity  could  suggest,  was  employed  to 
excite  jealousy  and  hatred  between  these  two  classes.  The  cry 
of  the  poor  against  the  rich,  the  resort  of  demagogues  in  all 
ages,  was  echoed  and  reechoed.  The  plan  urged  upon  the  non- 
slaveholding  citizens  of  the  South  was — f 

1st.  "  Thorough  organization  and  independent  political  ac 
tion  on  the  part  of  the  non-slaveholding  whites  of  the  South." 

2d.  "  Ineligibility  of 'pro-slavery  slaveholders.  Never  another 
vote  to  any  one  who  advocates  the  retention  and  perpetuation 
of  human  slavery." 

3d.  "No  cooperation  with  pro-slavery  politicians — no  fel 
lowship  with  them  in  religion — no  affiliation  with  them  in  so 
ciety." 

4th.  "  No  patronage  to  pro-slavery  merchants — no  guestship 

*  Con.  Globe,  1859-' 60,  p.  16,  t  Compendium,  p.  76. 


60  MR.  BUCHANAN'S  ADMINISTEATION 

in  slave-waiting  hotels — no  fees  to  pro-slavery  lawyers— no  em 
ployment  of  pro-slavery  physicians — no  audience  to  pro-slavery 
parsons." 

5th.  "  No  more  hiring  of  slaves  by  non-slaveholders." 
6th.  "  Abrupt  discontinuance  of  subscription  to  pro-slavery 
newspapers." 

Yth.  "  The  greatest  possible  encouragement  to  free  white 
labor." 

"  This,  then,"  says  Mr.  Helper,  "  is  the  outline  of  our  scheme 
for  the  abolition  of  slavery  in  the  Southern  States.  Let  it  be 
acted  upon  with  due  promptitude,  and  as  certain  as  truth  is 
mightier  than  error,  fifteen  years  will  not  elapse  before  every 
foot  of  territory,  from  the  mouth  of  the  Delaware  to  the  em- 
boguing  of  the  Rio  Grande,  will  glitter  with  the  jewels  of  free 
dom.  Some  time  during  this  year,  next,  or  the  year  following, 
let  there  be  a  general  convention  of  non-slaveholders  from  every 
slave  State  in  the  Union,  to  deliberate  on  the  momentous  is 
sues  now  pending."  *  Not  confining  himself  even  within  these 
limits,  Mr.  Helper  proceeds  to  still  greater  extremities,  and 
exclaims :  "  But,  sirs,  slaveholders,  chevaliers,  and  lords  of 
the  lash,  we  are  unwilling  to  allow  you  to  cheat  the  negroes 
out  of  all  the  rights  and  claims  to  which,  as  human  beings, 
they  are  most  sacredly  entitled.  Not  alone  for  ourself  as  an 
individual,  but  for  others  also,  particularly  for  five  or  six  mil 
lions  of  southern  non-slaveholding  whites,  whom  your  iniqui 
tous  Statism  has  debarred  from  almost  all  the  mental  and  mate 
rial  comforts  of  life,  do  we  speak,  when  we  say,  you  must  sooner 
or  later  emancipate  your  slaves,  and  pay  each  and  every  one  of 
them  at  least  sixty  dollaui  cash  in  hand.  By  doing  this  you 
will  be  restoring  to  them  their  natural  rights,  and  remunerating 
them  at  the  rate  of  less  than  twenty-six  cents  per  annum  for  the 
long  and  cheerless  period  of  their  servitude  from  the  20th  of 
August,  1620,  when,  on  James  River,  in  Virginia,  they  became 
the  unhappy  slaves  of  heartless  tyrants.  Moreover,  by  doing 
this  you  will  be  performing  but  a  simple  act  of  justice  to  the 
non-slaveholding  whites,  upon  whom  the  system  of  slavery  has 

*  Pages  89,  90. 


ON  THE   EVE   OF   THE    REBELLION.  61 

weighed  scarcely  less  heavily  than  upon  the  negroes  themselves. 
You  will,  also,  be  applying  a  saving  balm  to  your  own  outraged 
hearts  and  consciences,  and  your  children — yourselves  in  fact — 
freed  from  the  accursed  stain  of  slavery,  will  become  respecta 
ble,  useful,  and  honorable  members  of  society." 

He  then  taunts  and  defies  the  slaveholders  in  this  manner  : 
"  And  now,  sirs,  we  have  thus  laid  down  our  ultimatum.  What 
are  you  going  to  do  about  it  ?  Something  dreadful  of  course  ! 
Perhaps  you  will  dissolve  the  Union  again.  Do  it,  if  you  dare ! 
Our  motto,  and  we  would  have  you  to  understand  it,  is,  4  The 
abolition  of  slavery  and  the  perpetuation  of  the  American 
Union?  If,  by  any  means,  you  do  succeed  in  your  treasonable 
attempts  to  take  the  South  out  of  the  Union  to-day,  we  will 
bring  her  back  to-morrow ;  if  she  goes  away  with  you,  she  will 
return  without  you. 

"  Do  not  mistake  the  meaning  of  the  last  clause  of  the  last 
sentence.  We  could  elucidate  it  so  thoroughly  that  no  intelli 
gent  person  could  fail  to  comprehend  it ;  but,  for  reasons  which 
may  hereafter  appear,  we  forego  the  task. 

"  Henceforth  there  are  other  interests  to  be  consulted  in  the 
South,  aside  from  the  interests  of  negroes  and  slaveholders.  A 
profound  sense  of  duty  incites  us  to  make  the  greatest  possible 
efforts  for  the  abolition  of  slavery ;  an  equally  profound  sense 
of  duty  calls  for  a  continuation  of  those  efforts  until  the  very 
last  foe  to  freedom  shall  have  been  utterly  vanquished.  To  the 
summons  of  the  righteous  monitor  within,  we  shall  endeavor  to 
prove  faithful ;  no  opportunity  for  inflicting  a  mortal  wound  in 
the  side  of  slavery  shall  be  permitted  to  pass  us  unimproved. 

"  Thus,  terror  engenderers  of  the  South,  have  we  fully  and 
frankly  defined  our  position ;  we  hajre  no  modifications  to  pro 
pose,  no  compromises  to  offer,  nothing  to  retract.  Frown,  sirs, 
fret,  foam,  prepare  your  weapons,  threat,  strike,  shoot,  stab, 
bring  on  civil  war,  dissolve  the  Union,  nay,  annihilate  the  solar 
system  if  you  will — do  all  this,  more,  less,  better,  worse,  any 
thing — do  what  you  will,  sirs,  you  can  neither  foil  nor  intimi 
date  us  ;  our  purpose  is  as  firmly  fixed  as  the  eternal  pillars  of 
heaven  ;  we  have  determined  to  abolish  slavery,  and  so  help  us 
God,  abolish  it  we  will !  Take  this  to  bed  with  you  to-night, 


62  ME.  BUCHANAN'S  ADMINISTRATION 

sirs,  and  think  about  it,  dream  over  it,  and  let  us  know  how 
you  feel  to-morrow  morning." 

Such  are  specimens  from  the  book  indorsed  and  commended 
by  the  acknowledged  leader  of  the  Republican  party,  after  hav 
ing  read  it  "  with  great  attention,"  and  by  sixty-eight  prominent 
Republican  members  of  Congress  !  In  the  midst  of  the  excite 
ment  produced  by  this  book,  both  North  and  South,  occurred  the 
raid  of  John  Brown  into  Virginia.  This  was  undertaken  for 
the  avowed  purpose  of  producing  a  servile  insurrection  among 
the  slaves,  and  aiding  them  by  military  force  in  rising  against 
their  masters. 

John  Brown  was  a  man  violent,  lawless,  and  fanatical. 
Amid  the  troubles  in  Kansas  he  had  distinguished  himself,  both 
by  word  and  by  deed,  for  boldness  and  cruelty.  His  ruling 
passion  was  to  become  the  instrument  of  abolishing  slavery,  by 
the  strong  hand,  throughout  the  slaveholding  States.  With 
him,  this  amounted  almost  to  insanity.  Notwithstanding  all 
this,  he  was  so  secret  in  his  purposes  that  he  had  scarcely  any 
confidants.  This  appears  in  a  striking  manner  from  the  testi 
mony  taken  before  the  Senate  Committee.*  Several  abolition 
ists  had  contributed  money  to  him  in  aid  of  the  anti-slavery 
cause  generally,  but  he  had  not  communicated  to  them  for  what 
particular  purpose  this  was  to  be  employed.  He  had  long  med 
itated  an  irruption  into  Virginia,  to  excite  and  to  aid  a  rising 
of  the  slaves  against  their  masters,  and  for  this  he  had  prepared. 
He  had  purchased  two  hundred  Sharp's  carbines,  two  hundred 
revolver  pistols,  and  about  one  thousand  pikes,  with  which  to 
arm  the  slaves.  These  arms  he  had  collected  and  deposited  in 
the  vicinity  of  Harper's  Ferry.  When  the  plot  was  ripe  for 
execution,  a  little  before  midnight  on  Sunday  evening,  the  16th 
of  October,  1859,  he,  with  sixteen  white  and  five  negro  confed 
erates,  rushed  across  the  Potomac  to  Harper's  Ferry,  and  there 
seized  the  armory,  arsenal,  and  rifle  factory  belonging  to  the 
United  States.  When  the  inhabitants  awoke  in  the  morning 
they  found,  greatly  to  their  terror  and  surprise,  that  these  places, 
with  the  town  itself,  were  all  in  possession  of  John  Brown's 
force.  It  would  be  a  waste  of  time  to  detail  the  history  of  this 

*  Reports  of  Senate  Committee,  1st  Session  36th  Congress,  No.  278,  voL  ii. 


ON    THE    EVE    OF   T.HE    REBELLION.  63 

raid.  Suffice  it  to  say  that  on  Tuesday  morning,  18th,  the 
whole  band,  with  the  exception  of  two  who  had  escaped,  were 
either  killed  or  captured.  Among  the  latter  was  John  Brown 
himself,  badly  wounded.  In  the  mean  time,  however,  his  party 
had  murdered  five  individuals,  four  of  them  unarmed  citizens, 
and  had  wounded  nine  others.  It  is  proper  to  observe  that 
John  Brown,  after  all  his  efforts,  received  no  support  from  the 
slaves  in  the  neighborhood.  The  news  of  this  attack  on  Har 
per's  Ferry  spread  rapidly  over  the  country.  All  were  at  first 
ignorant  of  the  strength  of  the  force,  and  public  rumor  had 
greatly  exaggerated  it.  The  President  immediately  sent  a  de 
tachment  of  marines  to  the  spot,  by  which  John  Brown  and  his 
party  were  captured  in  the  engine  house,  where  they  had  fled 
for  shelter  and  defence.  Large  numbers  of  volunteers  from 
Virginia  and  Maryland  had  also  hastened  to  the  scene  of  action. 
John  Brown  and  several  of  his  party  were  afterwards  tried  be 
fore  the  appropriate  judicial  authorities  of  Virginia,  and  were 
convicted  and  executed. 

In  the  already  excited  condition  of  public  feeling  through 
out  the  South,  this  raid  of  John  Brown  made  a  deeper  impres 
sion  on  the  southern  mind  against  the  Union  than  all  former 
events.  Considered  merely  as  the  isolated  act  of  a  desperate 
fanatic,  it  would  have  had  no  lasting  effect.  It  was  the  enthu 
siastic  and  permanent  approbation  of  the  object  of  his  expedi 
tion  by  the  abolitionists  of  the  North,  which  spread  alarm  and 
apprehension  throughout  the  South.  "We  are  told  by  Fowler 
in  his  "  Sectional  Controversy,"  that  on  the  day  of  Brown's 
execution  bells  were  tolled  in  many  places,  cannon  fired,  and 
prayers  offered  up  for  him  as  if  he  were  a  martyr ;  he  was  placed 
in  the  same  category  with  Paul  and  Silas,  for  whom  prayers 
were  made  by  the  Church,  and  churches  were  draped  in  mourn 
ing.  Nor  were  these  honors  to  his  memory  a  mere  transient 
burst  of  feeling.  The  Republican  party  have  ever  since  hon 
ored  him  as  a  saint  or  a  martyr  in  a  cause  which  they  deemed 
so  holy.  According  to  them,  "  whilst  his  body  moulders  in  the 
dust  his  spirit  is  still  marching  on  "  in  the  van  to  accomplish 
his  bloody  purposes.  Even  blasphemy,  which  it  would  be  im 
proper  to  repeat,  has  been  employed  to  consecrate  his  memory. 
5 


64:  .    MB.  BUCHANAN'S  .ADMINISTRATION 

Fanaticism  never  stops  to  reason.  Driven  by  honest  impulse, 
it  ruslies  on  to  its  object  without  regard  to  interposing  obsta 
cles.  Acting  on  the  principle  avowed  in  the  Declaration  of 
Independence,  "  that  all  men  are  created  equal,"  and  believing 
slavery  to  be  sinful,  it  would  not  hesitate  to  pass  from  its  own 
State  into  other  States,  and  to  emancipate  their  slaves  by  force 
of  arms.  "We  do  not  stop  to  inquire  whether  slavery  is  sinful. 
We  may  observe,  however,  that  under  the  old  and  new  dispensa 
tions,  slaves  were  held  both  by  Jews  and  Christians,  and  rules  were 
prescribed  for  their  humane  treatment.  In  the  present  state  of 
civilization,  we  are'  free  to  admit  that  slavery  is  a  great  political 
and  social  evil.  If  left  to  the  wise  ordinances  of  a  superintending 
Providence,  which  never  acts  rashly,  it  would  have  been  grad 
ually  extinguished  in  our  country,  peacefully  and  without  blood 
shed,  as  has  already  been  done  throughout  nearly  the  whole  of 
Christendom.  It  is  true  that  other  countries  enjoyed  facilities 
for  emancipation  which  we  do  not  possess.  In  them  the  slaves 
were  of  the  same  color  and  race  with  the  rest  of  the  commu 
nity,  and  in  becoming  freemen  they  soon  mingled  with  the  gen 
eral  mass  on  equal  terms  with  their  former  masters. 

But  even  admitting  slavery  to  be  a  sin,  have  the  adherents  of 
John  Brown  never  reflected  that  the  attempt  by  one  people  to 
pass  beyond  their  own  jurisdiction,  and  to  extirpate  by  force  of 
arms  whatever  they  may  deem  sinful  among  another  people, 
would  involve  the  nations  of  the  earth  in  perpetual  hostilities  ? 
We  Christians  are  thoroughly  convinced  that  Mahomet  was  a 
false  prophet ;  shall  we,  therefore,  make  war  upon  the  Turkish  em 
pire  to  destroy  Islamism  ?  If  we  would  preserve  the  peace  of  the 
world  and  avoid  much  greater  evils  than  we  desire  to  destroy, 
we  must  act  upon  the  wise  principles  of  international  law,  and 
leave  each  people  to  decide  domestic  questions  for  themselves. 
Their  sins  are  not  our  sins.  We  must  intrust  their  punishment 
and  reformation  to  their  own  authorities,  and  to  the  Supreme 
Governor  of  nations.  This  spirit  of  interference  with  what  we 
may  choose  to  consider  the  domestic  evils  of  other  nations,  has 
in  former  periods  covered  the  earth  with  blood.  Even  since  the 
advent  of  Christianity,  until  a  comparatively  late  period,  Cath 
olics  and  Protestants,  acting  on  this  false  principle,  have,  with 


ON   THE    EVE   OF   THE   REBELLION.  65 

equal  sincerity,  made  war  against  each  other,  to  put  down  dog 
mas  of  faith  which  they  mutually  believed  to  be  sinful  and  dan 
gerous  to  the  soul's  salvation,  and  this  in  the  name  of  Him  who 
descended  from  heaven  to  establish  a  kingdom  of  peace  and 
charity  on  earth.  Spain  waged  a  reckless  war  against  the  poor 
Indians  of  Mexico,  to  root  out  the'  sin  of  idolatry  from  their 
midst  and  compel  them  to  embrace  the  Christian  faith ;  and 
whoever  shall  read  the  life  of  Cortes  must  admit  that  he  acted 
with  perfect  sincerity,  and  was  intent  on  their  souls'  salvation. 
Mahometans,  believing  Christianity  to  be  sinful,  have,  in  a  sim 
ilar  spirit,  made  war  on  Christian  nations  to  propagate  their 
own  faith. 

"We  might  fill  volumes  with  like  examples  from  history. 
These  days  of  darkness  and  delusion,  of  doing  evil  that  good 
might  come,  have,  it  is  to  be  hoped,  passed  away  for  ever  under 
the  pure  light  of  the  Gospel.  If  all  these  acts  were  great  wrongs 
in  the  intercourse  between  independent  nations,  if  they  violated 
the  benign  principles  of  Christianity,  how  much  greater  would 
the  wrong  have  been  had  one  portion  of  the  sovereign  States 
of  a  confederate  union  made  war  against  the  remainder  to  extir 
pate  from  them  the  sin  of  slavery !  And  this  more  especially 
when  their  common  constitution,  in  its  very  terms,  recognizes 
slavery,  restores  the  runaway  slave  to  his  master,  and  even 
makes  the  institution  a  basis  for  the  exercise  of  the  elective 
franchise.  With  like  reason  might  the  State  of  Maine,  whilst 
the  delusion  of  the  Maine  liquor  law  prevailed,  have  made  war 
on  her  sister  States  to  enforce  its  observance  upon  their  people, 
because  drunkenness  is  a  grievous  sin  in  the  belief  of  all  Chris 
tians.  In  justification  of  this,  she  might  have  alleged  that  the 
intemperance  tolerated  among  her  neighbors,,  and  not  her  own 
spirit  to  intermeddle  with  their  concerns,  was  the  cause  of 
the  war,  just  as  it  has  been  asserted  that  slavery  in  the  South 
ern  States  was  the  cause  of  the  late  war.  We  may  believe 
and  indeed  know  that  the  people  of  the  North,  however  much 
they  may  have  extolled  the  conduct  of  John  Brown,  would 
never  in  practice  have  carried  out  his  teachings  and  his  exam 
ple  ;  but  justice  requires  that  we  should  make  a  fair  allowance 
for  the  apprehensions  of  the  Southern  people,  who  necessarily 


66  ME.  BUCHANAN'S  ADMINISTRATION 

viewed  the  whole  scene  from  an  opposite  standpoint.  Under 
these  circumstances  it  is  no  wonder  that  the  South  should  have 
entertained  fearful  apprehensions  for  their  peace  and  safety,  in 
the  event  that  the  Abolition  party  should  succeed  in  obtaining 
the  reins  of  the  government,  an  event  soon  thereafter  rendered 
morally  certain  by  the  breaking  up  of  the  Charleston  Demo 
cratic  Convention.  To  the  history  of  the  sad  event  we  now 
proceed. 

It  is  certain  that  before  the  meeting  of  the  Convention,  the 
Democratic  party  of  the  North  had  become  seriously  divided 
between  the  old  and  the  Douglas  Democracy,  and  that  the  lat 
ter  at  least  was  strongly  tinctured  with  an  anti-slavery  spirit. 

The  Conven^on  assembled  at  Charleston  on  the  23d  of 
April,  1860,  to  nominate  candidates  for  the  offices  of  President 
and  Yice-President.  It  was  composed  of  delegates  from  all  the 
thirty-three  States  of  the  Union,  and  each  State  was  entitled  to 
as  many  votes  as  it  had  Senators  and  Representatives  in  Con 
gress.  The  whole  number  of  votes  was,  therefore,  303 ;  and 
under  the  two-thirds  rule  which  it  adopted,  after  the  example 
of  former  Conventions,  202  votes  were  required  to  make  a  nom 
ination.*  The  Convention  elected  Hon.  Caleb  Gushing,  of 
Massachusetts,  its  President. 

This  Convention  had  no  sooner  assembled  than  a  radical 
difference  of  opinion  was  exhibited  among  its  members  in  regard 
to  the  status  of  slavery  in  the  Territories.  The  old  Democratic 
portion,  invoking  the  Dred  Scott  decision,  held  that  slave  prop 
erty,  under  the  Constitution,  was  entitled  to  the  same  protec 
tion  therein  with  any  other  property ;  whilst  the  Douglas  dele 
gates,  in  opposition  to  this  decision,  maintained  the  power  of  a 
Territorial  Legislature  to  impair  or  destroy  this  property  in  its 
discretion.  On  the  day  after  the  Convention  assembled  (24th 
April),  a  committee  was  appointed,  consisting  of  a  delegate 
from  each  State,  selected  by  the  respective  State  delegations,  to 
report  resolutions  as  a  platform  for  the  party ;  and  on  the  same 
day  it  was  resolved  unanimously  "  that  this  Convention  will  not 
proceed  to  ballot  for  a  candidate  for  the  Presidency  until  the 
platform  shall  have  been  adopted."  On  the  27th  of  April  the 
Committee  on  Resolutions  made  majority  and  minority  reports.f 

Report  of  Proceedings,  p.  11.  t  5th  day,  p.  45. 


ON  THE  EVE  OF  THE  EEBELLIOK".  67 

After  a  long,  able,  and  eloquent  discussion  on  the  respective 
merits  of  the  two  reports,  they  were  both,  on  motion  of  Mr. 
Bigler,  of  Pennsylvania,  re-committed  to  the  Committee  on 
Besolutions,*  with  a  view,  if  possible,  to  promote  harmony ;  but 
this  proved  to  be  impracticable.  On  the  sixth  day  of  the  Con 
vention  (Saturday,  April  28th),  f  at  an  evening  session,  Mr. 
Avery,  of  North  Carolina,  and  Mr.  Samuels,  of  Iowa,  from  the 
majority  and  minority  of  the  committee,  again  made  opposite 
and  conflicting  reports  on  the  question  of  slavery  in  the  Terri 
tories.  On  this  question  the  committee  had  divided  from  the 
beginning,  the  one  portion  embracing  the  fifteen  members  from 
the  slaveholding  States,  with  those  from  California  and  Oregon, 
and  the  other  consisting  of  the  members  from  all  the  free  States 
east  of  the  Kocky  Mountains.  On  all  other  questions  both 
reports  substantially  agreed,  and  therefore  in  regard  to  them  no 
special  notice  is  required. 

The  following  is  the  report  of  the  majority  made  on  this 
subject  by  Mr.  Avery,  of  North  Carolina,  the  chairman  of  the 
committee :  "Resolved,  That  the  platform  adopted  by  the  Dem 
ocratic  party  at  Cincinnati  be  affirmed  with  the  following  ex 
planatory  resolutions :  1st.  That  the  Government  of  a  Terri 
tory,  organized  by  an  act  of  Congress,  is  provisional  and  tempo 
rary,  and  during  its  existence  all  citizens  of  the  United  States 
have  an  equal  right  to  settle  with  their  property  in  the  Terri 
tory,  without  their  rights,  either  of  person  or  property,  being 
destroyed  or  impaired  by  Congressional  or  Territorial  legislation. 
2d.  That  it  is  the  duty  of  the  Federal  Government,  in  all  its 
departments,  to  protect,  when  necessary,  the  rights  of  persons 
and  property  in  the  Territories,  and  wherever  else  its  constitu 
tional  authority  extends.  3d.  That  when  the  settlers  in  a  Ter 
ritory  having  an  adequate  population  form  a  State  Constitution, 
the  right  of  sovereignty  commences,  and  being  consummated 
by  admission  into  the  Union,  they  stand  on  an  equal  footing 
with  the  people  of  other  States,  and  the  State  thus  organized 
ought  to  be  admitted  into  the  Federal  Union  whether  its  consti 
tution  prohibits  or  recognizes  the  institution  of  slavery."  It 

*  Page  89.  t  Pages  92,  93. 


68  ME.  BUCHANAN'S  ADMINISTBATION 

will  be  perceived  that  these  resolutions  are  in  exact  conformity 
with  the  decision  of  the  Supreme  Court. 

The  following  is  the  report  of  the  minority,  made  by  Mr. 
Samuels,  of  Iowa.  After  re-affirming  the  Cincinnati  platform 
by  the  first  resolution,  it  proceeds  :  "  Inasmuch  as  diiferences 
of  opinion  exist  in  the  Democratic  party,  as  to  the  nature  and 
extent  of  the  powers  of  a  Territorial  Legislature,  and  as  to  the 
powers  and  duties  of  Congress,  under  the  Constitution  of  the 
United  States,  over  the  institution  of  slavery  within  the  Terri 
tories,  Resolved,  That  the  Democratic  party  will  abide  by  the 
decisions  of  the  Supreme  Court  of  the  United  States  upon  ques 
tions  of  constitutional  law." 

It  must  strike  the  reader  that  this  resolution  does  not  meet 
the  question,  but  is  vague  and  evasive.  It  entirely  ignores  the 
fact  that  all  these  "  questions  of  constitutional  law  "  had  been 
already  decided  by  the  Supreme  Court,  and  that  in  regard  to 
them  no  differences  of  opinion  could  exist  among  those  who 
were  willing  to  recognize  its  authority.  It  leaves  the  rights  of 
the  master  over  slave  property  in  the  Territories  as  an  open 
question,  and  places  them  at  the  mercy  of  a  majority  in  Terri 
torial  Legislatures,  until  some  future  decision  should  be  made, 
not  on  this  specific  question,  but  generally  "  on  questions  of 
constitutional  law."  In  fact,  it  treats  the  decision  as  though  it 
had  never  been  made.  It  is  proper  to  observe  that  we  have 
included  the  member  of  the  committee  from  Massachusetts  (Mr. 
Butler)  among  the  sixteen  votes  in  favor  of  the  minority  report, 
because,  although  he  made  a  separate  report  of  his  own,  this  was 
confined  to  a  simple  recommendation  of  the  Cincinnati  platform 
and  nothing  more.  The  opposing  reports  from  the  Northern 
and  the  Southern  members  of  the  committee  were  thus  distinctly 
placed  before  the  Convention.  It  was  soon  manifest  that  should 
the  minority  report  prevail,  the  Convention  must  be  broken  into 
fragments.  >:;t: 

After  some  preliminary  remarks,  Mr.  Samuels  moved  the 
adoption  of  the  minority  report  as  a  substitute  for  that  of  the 
majority.*  This  gave  rise  to  an  earnest  and  excited  debate. 
The  difference  between  the  parties  was  radical  and  irreconcila- 

*  Page  97. 


OK  THE   EVE   OF  THE  REBELLION.  69 

ble.     The  South  insisted  that  the  Cincinnati  platform,  whose 
true  construction  in  regard  to  slavery  in  the  Territories  had  al 
ways  been  denied  by  a  portion  of  the  Democratic  party,  should 
be  explained  and  settled  by  an  express  recognition  of  the  prin 
ciples  decided  by  the  Supreme  Court.     The  [North,  on  the  other 
hand,  refused  to  recognize  this  decision,  and  still  maintained  the 
power  to  be  inherent  in  the  people  of  a  Territory  to  deal  with  the 
question  of  slavery  according  to  their  own  discretion.     The  vote 
was  then  taken,  and  the  minority  report  was  substituted  for  that 
of  the  majority  by  a  vote  of  one  hundred  and  sixty-five  to  one 
hundred  and  thirty-eight.*    The  delegates  from  the  six  New  Eng 
land  States,  as  well  as  from  New  York,  Ohio,  Indiana,  Illinois, 
Michigan,  Wisconsin,  Iowa,  and  Minnesota,  fourteen  free  States, 
cast  their  entire  vote  in  favor  of  the  minority  report.     New  Jersey 
and  Pennsylvania  alone   among  the  free  States  east  of  the 
Rocky  Mountains  refused  to  vote  as  States,  but  their  delegates 
voted  as  individuals.     Had  all  the  States  voted  as  units-,  without 
regard  to  the  respective  minorities  in  each ;  or,  on  the  other  hand, 
had  the  delegates  from  all  the  States  voted  as  individuals,  in  either 
case  the  majority  report  would  have  been  sustained,  and  the 
Democratic  party  might  have  been  saved.     It  was  the  want  of 
uniformity  in  the  mode  of  voting  that  produced  the  disastrous 
result.     The  means  employed  to  attain  this,  end  were  skilfully 
devised  by  the  minority  of  the  Pennsylvania  delegation  in  fa 
vor  of  nominating  Mr.  Douglas,  f     The  entire  delegation  had, 
strangely  enough,  placed  this  power  in  their  hands,  by  selecting 
two  of  their  number,  Messrs.  Cessna  and  Wright,  to  represent 
the  whole  on  the  two  most  important  committees  of  the  Con 
vention — that  of  organization  and  that  of  resolutions.     These 
gentlemen,  by  adroitness  and  parliamentary  tact,  succeeded  in 
abrogating  the  former  practice  of  casting  the  vote  of  the  State 
as  a  unit,  and  in  reducing  it  almost  to  a  cipher.     In  this  man 
ner,  whilst  New  York  indorsed  with  her  entire  thirty-five  votes 
the  peculiar  views  of  Mr.  Douglas,  notwithstanding  there  was 
in  her  delegation  a  majority  of  only  five  votes  in  their  favor  on 
the  question  of  Territorial  sovereignty^  the  effective  strength 
of  Pennsylvania  recognizing  the  judgment  of  the  Supreme 

*  Page  112.    tth  day,  April  30.         t  Page  21.        J  Mr.  Bartlett,  p.  249. 


70  ME.  BUCHANAN'S  ADMINISTRATION 

Court  was  reduced  to  three  votes,  this  being  the  majority  of  fif 
teen  on  the  one  side  over  twelve  on  the  other. 

The  question  next  in  order  before  the  Convention  was  upon 
the  adoption  of  the  second  resolution  of  the  minority  of  the 
committee,  which  had  been  substituted  for  the  report  of  the 
majority.  On  this  question  Georgia,  Louisiana,  Alabama,  Ar 
kansas,  Texas,  Florida,  and  Mississippi  refused  to  vote.*  In 
deed,  it  soon  appeared  that  on  the  question  of  the  final  adoption 
of  this  second  vague  and  general  resolution,  which  in  fact 
amounted  to  nothing,  it  had  scarcely  any  friends  of  either  party 
in  the  Convention.  The  Douglas  party,  abandoning  their  own 
offspring,  and  preferring  to  it  the  Cincinnati  platform,  pure  and 
simple,  without  explanation  or  addition,  voted  against  it.f  On 
the  other  hand,  the  old  Democracy  could  not  vote  for  it  with 
out  admitting  that  the  Supreme  Court  had  not  already  placed 
the  right  over  slave  property  in  the  Territories  on  the  same 
footing  with  all  other  property,  and  therefore  they  also  voted 
against  it.  In  consequence  the  resolution  was  negatived  by  a 
vote  of  only  twenty-one  in  its  favor  to  two  hundred  and  thirty- 
eight.  £  Had  the  seven  Southern  States  just  mentioned  voted, 
the  negatives  would  have  amounted  to  two  hundred  and  eighty- 
two,  or  more  than  thirteen  to  one.  Thus  both  the  majority  and 
the  minority  resolutions  on  the  Territorial  question  were  re 
jected,  and  nothing  remained  before  the  Convention  except  the 
Cincinnati  platform. 

At  this  stage  of  the  proceedings  §  (April  30th),  the  States 
of  Louisiana,  Alabama,  South  Carolina,  Mississippi,  Florida, 
Texas,  and  Arkansas,  having  assigned  their  reasons  for  the  act, 
withdrew  in  succession  from  the  Convention.  ||  After  these 
seven  States  had  retired,  the  delegation  from  Virginia  made  a 
noble  effort  to  restore  harmony. ^f  Mr.  Russell,  their  chairman, 
addressed  the  Convention  in  a  solemn  and  impressive  manner. 
He  portrayed  the  alarming  nature  of  the  crisis.  He  expressed 
his  fears  that  we  were  on  the  eve  of  a  revolution,  and  if  this 
Convention  should  prove  a  failure  it  would  be  the  last  National 
Convention  of  any  party  which  would  ever  assemble  in  the 

*  Page  116.  t  Ibid.  J  Ibid.  §  Pp.  118-125. 

I  Pp.  126, 127.        Tf  30th  April,  7th  day,  p.  126. 


ON  THE   EVE  OF  THE  REBELLION.  71 

United  States.  "  Virginia,"  said  he,  "  stands  in  the  midst  of 
her  sister  States,  in  garments  red  with  the  blood,  of  her  children 
slain  in  the  first  outbreak  of  the  '  irrepressible  conflict.'  But, 
sir,  not  when  her  children  fell  at  midnight  beneath  the  weapon 
of  the  assassin,  was  her  heart  penetrated  with  so  profound  a 
grief  as  that  which  will  wring  it  when  she  is  obliged  to  choose 
between  a  separate  destiny  with  the  South,  and  her  common 
destiny  with  the  entire  Republic." 

Mr.  Russell  was  not  then  prepared  to  answer,  in  behalf  of 
his  delegation,  whether  the  events  of  the  day  [the  defeat  of  the 
majority  report,  and  the  withdrawal  of  the  seven  States]  were 
sufficient  to  justify  her  in  taking  the  irrevocable  step  in  ques 
tion.  In  order,  therefore,  that  they  might  have  time  to  delib. 
erate,  and  if  they  thought  proper  make  an  effort  to  restore  har 
mony  in  the  Convention,  he  expressed  a  desire  that  it  might 
adjourn  and  afford  them  an  opportunity  for  consultation.*  The 
Convention  accordingly  adjourned  until  the  next  day,  Tuesday, 
May  1st ;  and  immediately  after  its  reassembling  the  delegation 
from  Georgia,  making  the  eighth  State,  also  withdrew,  f 

In  the  mean  time  the  Yirginia  delegation  had  consulted 
among  themselves,  and  had  conferred  with  the  delegations  of 
the  other  Southern  States  which  still  remained  in  the  Conven 
tion,  as  to  the  best  mode  of  restoring  harmony 4  In  conse 
quence  Mr.  Howard,  of  Tennessee,  stated  to  the  Convention 
that  "  he  had  a  proposition  to  present  in  behalf  of  the  delega 
tion  from  Tennessee,  whenever,  under  parliamentary  rules,  it 
would  be  proper  to  present  it."  In  this  Tennessee  was  joined 
by  Kentucky  and  Yirginia,  "the  three  great  middle  States 
which  stand  as  a  breakwater  against  fanaticism  on  one  side  and 
disunion  on  the  other.  He  should  propose  the  following  reso 
lution,  whenever  it  would  be  in  order :  (  Resolved^  That  the 
citizens  of  the  United  States  have  an  equal  right  to  settle  with 
their  property  in  the  Territories  of  the  United  States ;  and  that, 
under  the  decision  of  the  Supreme  Court  of  the  United  States, 
which  we  recognize  as  the  correct  exposition  of  the  Constitution 
of  the  United  States,  neither  the  rights  of  person  nor  property 

*  Page  128,  8th  day.  t  Ibid.  \  Page  136. 


72  ME.  BUCHANAN'S  ADMINISTRATION 

can  be  destroyed  or  impaired  by  Congressional  or  Territorial 
legislation.'"* 

u  Mr.  Russell,  as  chairman  of  the  delegation  from  Virginia, 
rose  to  express  the  sentiments  entertained  by  the  delegation  from 
that  State,  and  the  position  they  occupy  this  morning  in  this 
Convention.  They  came  here  for  the  double  purpose  of  defend 
ing  the  rights  of  the  South,  which  are  involved  in  the  great  issues 
of  the  day,  and  of  maintaining  the  integrity  of  the  American 
Union.  The  events  of  yesterday  had  especially  left  him  a  deli 
cate  task  to  perform.  Events  had  occurred  which  their  constit 
uency  never  contemplated  when  they  were  sent  here.  They  de 
sired  that  the  Democratic  party  should  remain  complete,  what 
ever  might  be  done  in  this  Convention.  With  these  general 
views,  the  Virginia  delegation  'had  entered  into  consultation 
among  themselves,  and  had  conferred  with  their  sister  Southern 
States  remaining  in  the  Convention.  They  believed  that  the 
resolution  just  read  by  the  gentleman  from  Tennessee  [Mr. 
Howard]  presented  a  reasonable  basis  of  settlement  among  all 
parties,  North  and  South,  affirming,  as  it  did,  the  doctrine  of 
the  decision  of  the  Supreme  Court,  and  going  no  further." 

On  a  subsequent  day  (May  3d),  Mr.  Russell  informed  the 
Convention  that  this  resolution  had,  "  he  believed,  received  the 
approbation  of  all  the  delegations  from  the  Southern  States 
which  remained  in  the  Convention,  and  also  received  the  appro 
bation  of  the  delegation  from  'New  York.  He  was  informed 
there  was  strengthe  nough  to  pass  it  when  in  order."  f  Of  this 
there  could  have  been  no  doubt,  with  the  vote  of  New  York  in 
its  favor.  Had  it  been  adopted,  what  an  auspicious  event  this 
would  have  been  both  for  the  Democratic  party  and  the  coun 
try! 

Mr.  Howard,  however,  in  vain  attempted  to  obtain  a  vote 
on  his  resolution.  When  he  moved  to  take  it  up  on  the  evening 
of  the  day  it  had  been  offered,  he  was  met  by  cries  of  "  Not  in 
order,"  "  Not  in  order."  J  The  manifest  purpose  was  to  postpone 
its  consideration  until  the  hour  should  arrive  which  had  been 
fixed  by  a  previous  order  of  the  Convention,  in  opposition  to  its 
first  order  on  the  same  subject,  for  the  balloting  to  commence 

*  Page  136.  t  Page  152.  %  Page  138. 


ON   THE   EVE   OF  THE   BEBELLION.  73 

for  a  Presidential  candidate,  when  it  would  be  too  late.  This 
the  friends  of  Mr.  Douglas  accomplished,  and  no  vote  was  ever 
taken  upon  it  either  at  Charleston  or  Baltimore. 

Before  the  balloting  commenced  Mr.  Howard  succeeded,  in 
the  face  of  strong  opposition,  with  the  aid  of  the  thirty-five 
votes  from  New  York,  in  obtaining  a  vote  of  the  Convention 
in  affirmance  of  the  two-thirds  rule.  On  his  motion  they  re 
solved,  by  141  to  112  votes,*  "  that  the  President  of  the  Con 
vention  be  and  he  is  hereby  directed  not  to  declare  any  person 
nominated  for  the  office  of  President  or  Vice-President,  unless 
he  shall  have  received  a  number  of  votes  equal  to  two-thirds  of 
the  votes  of  all  the  electoral  colleges."  It  was  well  known  at 
the  time  that  this  resolution  rendered  the  regular  nomination 
of  Mr.  Douglas  impossible. 

The  balloting  then  commenced  (Tuesday  evening,  May  1st), 
on  the  eighth  day  of  the  session.f  Necessary  to  a  nomination, 
under  the  two-thirds  rule,  202  votes.  On  the  first  ballot  Mr. 
Douglas  received  145J  votes  ;  Mr.  Hunter,  of  Virginia,  42  ;  Mr. 
Guthrie,  of  Kentucky,  35J- ;  Mr.  Johnson,  of  Tennessee,  12 ; 
Mr.  Dickinson,  of  New  York,  V ;  Mr.  Lane,  of  Oregon,  6  ;  Mr. 
Toucey,  of  Connecticut,  2J- ;  Mr.  Davis,  of  Mississippi,  1J,  and 
Mr.  Pearce,  of  Maryland,  1  vote. 

The  voting  continued  until  3d  May,  during  which  there 
were  fifty-four  additional  ballotings.  Mr.  Douglas  never  rose 
to  more  than  152£,  and  ended  at  151-J  votes,  202  votes  being 
necessary  to  a  nomination.  Of  these  votes,  at  least  110  were 
given  by  delegates  from  States  which,  judging  from  their  ante 
cedents,  could  not  give  him  or  any  Democratic  candidate  a  sin 
gle  electoral  vote. 

This  statement  proves  the  wisdom  and  foresight  of  those  who 
adopted  the  two-thirds  rule.  Until  1824  nominations  had  been 
made  by  Congressional  caucus.  In  these  none  participated  ex 
cept  Senators  from  Democratic  States,  and  Representatives  from 
Democratic  Congressional  districts.  The  simple  majority  rule 
governed  in  these  caucuses,  because  it  was  morally  certain  that, 
composed  as  they  were,  no  candidate  could  be  selected  against 
the  will  of  the  Democratic  States  on  whom  his  election  de- 

*  Page  141.  t  Pages  141-152. 


74:  MR.  BUCHANAN'S  ADMINISTRATION 

pended.  But  when  a  change  was  made  to  National  Conven 
tions,  it  was  at  once  perceived  that  if  a  mere  majority  could 
nominate,  then  the  delegates  from  Anti-Democratic  States  might 
be  mainly  instrumental  in  nominating  a  candidate  for  whom 
they  could  not  give  a  single  electoral  vote.  Whilst  it  would 
have  been  harsh  and  inexpedient  to  exclude  these  States  from 
the  Convention  altogether,  it  would  have  been  unjust  to  confer 
on  them  a  controlling  power  over  the  nomination.  To  com 
promise  this  difficulty,  the  two-thirds  rule  was  adopted.  Undor 
its  operation  it  would  be  almost  impossible  that  a  candidate 
could  be  selected,  without  the  votes  of  a  simple  majority  of  del 
egates  from  the  Democratic  States. 

It  had  now  become  manifest  that  it  was  impossible  to  make 
a  nomination  at  Charleston.  The  friends  of  Mr.  Douglas  ad 
hered  to  him  and  would  vote  for  him  and  him  alone,  whilst  his 
opponents,  apprehending  the  effect  of  his  principles  should  he 
be  elected  President,  were  equally  determined  to  vote  against 
his  nomination.  ' 

In  the  hope  that  some  compromise  might  yet  be  effected  to 
save  the  Democratic  party,  the  Convention,  on  the  motion  of 
Mr.  Russell,  of  Virginia,  resolved  to  adjourn  to  meet  at  Balti 
more  on  Monday,  the  18th  June ;  *  and  it  was  "  respectfully  rec 
ommended  to  the  Democratic  party  of  the  several  States,  to 
make  provision  for  supplying  all  vacancies  in  their  respective 
delegations  to  this  Convention  when  it  shall  assemble." 

The  Convention  re-assembled  at  Baltimore  on  the  18th  June, 
1860,f  according  to  its  adjournment,  and  Mr.  Gushing,  the  Pres 
ident,  took  the  chair.  It  was  greatly  to  be  desired  that  the 
Southern  delegates  who  had  withdrawn  at  Charleston  might 
resume  their  seats  at  Baltimore,  and  thus  restore  the  Conven 
tion  to  its  original  integrity.  In  that  event  high  hopes  were 
still  entertained  that  both  parties  might  harmonize  in  selecting 
some  eminent  Democratic  statesman,  not  obnoxious  to  either  as 
a  candidate,  and  thus  save  the  Democracy  of  the  Union  from 
certain  defeat.  Every  discerning  citizen  foresaw  that  without 
such  a  re-union  the  Democratic  party  would  continue  to  be 
hopelessly  divided,  and  the  [Republican  candidates  must  inevi 
tably  be  elected. 

*  Pages  152-154,  10th  day,  May  3d.  t  Page  155. 


GIST  THE   EVE   OF  THE  REBELLION.      .  75 

Immediately  after  the  reorganization  of  the  Convention, 
Mr.  Howard,  of  Tennessee,  offered  a  resolution,  "  that  the  Pres 
ident  of  this  Convention  direct  the  sergeant-at-arms  to  issue 
tickets  of  admission  to  the  delegates  of  the  Convention,  as  orig 
inally  constituted  and  organized  at  Charleston."  Thus  the  vi 
tally  important  question  was  distinctly  presented.  It  soon, 
however,  became  manifest  that  no  such  resolution  could  prevail. 
In  the  absence  of  the  delegates  who  had  withdrawn  at  Charles 
ton,  the  friends  of  Mr.  Douglas  constituted  a  controlling  major 
ity.  At  the  threshold  they  resisted  the  admission  of  the  orig 
inal-delegates,  and  contended  that  by  withdrawing  they  had 
irrevocably  resigned  their  seats.  In  support  of  this  position, 
they  relied  upon  the  language  of  the  resolution  adjourning  the 
Convention  to  Baltimore,  which,  as  we  have  seen,  "recom 
mended  to  the  Democratic  party  of  the  several  States  to  make 
provision  for  supplying  all  vacancies  in  their  respective  delega 
tions  to  this  Convention,  when  it  shall  reassemble."  On  the 
other  hand,  the  advocates  of  their  readmission  contended  that 
a  simple  withdrawal  of  the  delegates  was  not  a  final  renuncia 
tion  of  their  seats,  but  they  were  still  entitled  to  reoccupy  them, 
whenever,  in  their  judgment,  this  course  would  be  best  calculated 
to  restore  the  harmony  and  promote  the  success  of  the  Demo 
cratic  party ;  that  the  Convention  had  no  right  to  interpose  be 
tween  them  and  the  Democracy  of  their  respective  States  ;  that 
being  directly  responsible  to  this  Democracy,  it  alone  could  ac 
cept  their  resignation ;  that  no  such  resignation  had  ever  been 
made,  and  their  authority  therefore  continued  in  full  force,  and 
this,  too,  with  the  approbation  of  their  constituents. 

In  the  mean  time,  after  the  adjournment  from  Charleston 
to  Baltimore,  the  friends  of  Mr.  Douglas,  in  several  of  these 
States,  had  proceeded  to  elect  delegates  to  take  the  place  of 
those  who  had  withdrawn  from  the  Convention,  but  not  in  any 
instance,  it  is  believed,  according  to  the  rules  and  usages  of  the 
Democratic  party.  Indeed,  it  was  manifest  at  the  time,  and 
has  since  been  clearly  proved  by  the  event,  that  these  delegates 
represented  but  a  small  minority  of  the  party  in  their  respective 
States.  These  new  delegates,  nevertheless,  appeared  and  de 
manded  seats. 


76 

After  a  long  and  ardent  debate,  the  Convention  adopted  a 
resolution,  offered  by  Mr.  Church,  of  New  York,  and  modified  on 
motion  of  Mr.  Gilmore,  of  Pennsylvania,  as  a  substitute  for 
that  of  Mr.  Howard,  to  refer  "  the  credentials  of  all  persons 
claiming  seats  in  this  Convention,  made  vacant  by  the  secession 
of  delegates  at  Charleston,  to  the  Committee  on  Credentials." 
They  thus  prejudged  the  question,  by  deciding  that  the  seats  of 
these  delegates  had  been  made  and  were  still  vacant.  The 
Committee  on  Credentials  had  been  originally  composed  of  one 
delegate  from  each  of  the  thirty-three  States,  .but  the  number 
was  now  reduced  to  twenty-five,  in  consequence  of  the  ex 
clusion  of  eight  of  its  members  from  the  States  of  Georgia, 
Alabama,  Mississippi,  South  Carolina,  Texas,  Louisiana,  Arkan 
sas,  and  Florida.  The  committee,  therefore,  now  stood  16  to 
9  in  favor  of  the  nomination  of  Mr.  Douglas,  instead  of  17  to 
16  against  it,  according  to  its  original  organization.* 

The  committee,  through  their  chairman,  Mr.  Krum,  of  Mis 
souri,  made  their  report  on  the  21st  June,  and  Governor  Ste 
vens,  of  Oregon,  at  the  same  time  presented  a  minority  report, 
signed  by  himself  and  eight  other  members. 

It  is  unnecessary  to  give  in  detail  these  conflicting  reports. 
It  is  sufficient  to  state  that  whilst  the  report  of  the  majority 
maintained  that  the  delegates,  by  withdrawing  at  Charleston, 
had  resigned  their  seats,  and  these  were  still  vacant ;  that  of  the 
minority,  on  the  contrary,  asserted  the  right  of  these  delegates 
to  resume  their  seats  in  the  Convention,  by  virtue  of  their  orig 
inal  appointment. 

In  some  respects  the  majority  report  presented  a  strange 
aspect.  Whilst  it  recommended  the  admission  of  all  the  new 
delegates  from  the  States  of  Alabama  and  Louisiana,  to  the 
exclusion  of  the  old,  it  divided  Georgia  equally  between  the 
conflicting  parties,  allowing  one  half  to  each,  thus  rendering  the 
vote  of  the  State  a  mere  nullity.  This  anomaly  was,  however, 
afterwards  corrected  by  a  vote  of  the  Convention.  Indeed,  the 
new  delegates  voluntarily  withdrew  their  claim  to  seats. 

On  the  next  day  (June  22),f  the  important  decision  was 
made  between  the  conflicting  reports.  Mr.  Stevens  moved  to 

*  Pages  187-191.  t  Page  203. 


ON   THE   EVE   OF   THE   REBELLION.  77 

substitute  the  minority  report  for  that  of  the  majority,  and  his 
motion  was  rejected  by  a  vote  of  100 J-  to  150.  Of  course  no 
vote  was  given  from  any  of  the  excluded  States,  except  one  half 
vote  from  each  of  the  parties  in  Arkansas. 

The  resolutions  of  the  majority,  except  the  ninth,  relating 
to  the  Georgia  delegation,  were  then  adopted  in  succession. 
Among  other  motions  of  similar  character,  a  motion  had  been 
made  by  a  delegate  in  the  majority  to  reconsider  the  vote  by 
which  the  Convention  had  adopted  the  minority  report,  as  a 
substitute  for  that  of  the  majority,  and  to  lay  his  own  motion 
on  the  table.  This  is  a  common  mode  resorted  to,  according  to 
parliamentary  tactics,  of  defeating  every  hope  of  a  reconsider 
ation  of  the  pending  question,  and  rendering  the  first  decision 
final.* 

Mr.  Cessna,  always  on  the  alert,  with  this  view  called  for  a 
vote  on  laying  the  motion  to  reconsider  on  the  table.  Should 
this  be  negatived,  then  the  question  of  reconsideration  would  be 
open.  The  President  stated  the  question  to  be  first  "  on  laying 
on  the  table  the  motion  to  reconsider  the  vote  by  which  the  Con 
vention  refused  to  amend  the  majority  report  of  the  Committee 
on  Credentials  by  substituting  the  report  of  the  minority."  On 
this  question  New  York,  for  the  first  time  since  the  meeting  at 
Baltimore,  voted  with  the  minority  and  changed  it  into  a  ma 
jority.  "  When  New  York  was  called,"  says  the  report  of  the 
proceedings,  "  and  responded  thirty-five  votes  "  (in  the  negative), 
"  the  response  was  greeted  with  loud  cheers  and  applause."  f 
The  result  of  the  vote  was  113J  to  138| — "  so  the  Convention 
refused  to  lay  on  the  table  the  motion  to  reconsider  the  minor 
ity  report."  The  Convention  then  adjourned  until  the  evening, 
on  motion  of  Mr.  Cochrane,  of  New  York,  amidst  great  excite 
ment  and  confusion. 

This  vote  of  New  York,  appearing  to  indicate  a  purpose'  to 
harmonize  the  party  by  admitting  the  original  delegates  from 
the  eight  absent  States,  was  not  altogether  unexpected.  Although 
voting  as  a  unit,  it  was  known  that  her  delegation  were  greatly 
divided  among  themselves.  The  exact  strength  of  the  minority 
was  afterwards  stated  by  Mr.  Bartlett,  one  of  its  members,  in 

*  Page  209.  t  Page  210. 


78  ME.  BUCHANAN'S  ADMINISTRATION 

the  Breckinridge  Convention.*  He  said:  "Upon  all  questions 
and  especially  upon  the  adoption  of  the  majority  report  on  cre 
dentials,  in  which  we  had  a  long  contest,  the  line  was  strictly 
drawn,  and  there  were  thirty  on  one  side  and  forty  on  the  other." 
This  was  equal  to  fifteen  votes  to  twenty. 

The  position  of  New  York  casting  an  undivided  vote  of 
thirty-five,  with  Dean  Richmond  at  their  head,  had  been  a  con 
trolling  power  from  the  commencement.  Her  responsibility 
was  great  in  proportion.  Had  she  cast  her  weight  into  the  scale 
at  Charleston  in  favor  of  the  majority  report  on  the  resolutions 
and  in  accordance  with  the  decision  of  the  Supreme  Court,  this, 
as  we  have  already  seen,  would  have  prevailed  by  a  vote  of  173 
to  130.  Such  a  result  might  probably  have  terminated  the 
controversy  between  the  North  and  the  South. 

After  the  retirement  of  the  Southern  delegations  at  Charles 
ton,  the  delegation  from  New  York  had  appeared  to  be  willing 
to  change  their  course  and  adopt  the  compromise  platform  pro 
posed  by  Yirgjnia,  Tennessee,  and  Kentucky,  witbuthe  approba 
tion  of  the  other  border  States  still  in  the  Convention.  This 
was  in  fact  nothing  more  than  an  affirmance  of  the  decision  of 
the  Supreme  Court.  In  advocating  it,  Mr.  Russell,  of  Yirginia, 
whose  ability  and  spirit  of  conciliation  had  been  displayed 
throughout,  stated  his  belief,  as  we  have  seen,  that  it  had  "  re 
ceived  the  approbation  of  the  delegation  from  New  York  ; "  and 
this  statement  was  not  contradicted.  This  would  have  secured 
its  adoption.  The  means  by  which  a  vote  upon  the  question 
was  defeated  at  Charleston  by  the  commencement  of  the  ballot 
ing  have  already  been  presented.  Strong  expectations  were, 
therefore,  now  entertained  that  after  the  New  York  delegation 
had  recorded  their  vote  against  a  motion  which  would  have 
killed  the  minority  report  beyond  hope  of  revival,  they  would 
now  follow  this  up  by  taking  the  next  step  in  advance  and  voting 
for  its  reconsideration  and  adoption.f  On  the  evening  of  the 
very  same  day,  however,  they  reversed  their  course  and  voted 
against  its  reconsideration.  They  were  then  cheered  by  the 
opposite  party  from  that  which  had  cheered  them  in  the  morn 
ing.  Thus  the  action  of  the  Convention  in  favor  of  the  majority 
report  became  final  and  conclusive.^: 

*  Page  249.  t  Page  211.  \  Page  211. 


ON    THE    EYE    OF   THE   REBELLION.  79 

Mr.  Cessna,  of  Pennsylvania,  always  eager,  at  once  moved 
"  that  the  Convention  do  now  proceed  to  nominate  candidates 
for  President  and  Yice-President  of  the  United  States."  These 
proceedings  immediately  produced  the  disastrous  effects  which 
must  have  been  foreseen  by  all.* 

Mr.  Russell  rose  and  stated,  "  It  has  become  my  duty  now, 
by  direction  of  a  large  majority  of  the  delegation  from  Virginia, 
respectfully  to  inform  you  and  this  body,  that  it  is  not  consist 
ent  with  their  convictions  of  duty  to  participate  longer  in  its 

deliberation  s."f 

Mr.  Leader  next  stated  u  that  it  became  his  duty,  as  one  of 
the  delegates  from  North  Carolina,  to  say  that  a  very  large 
majority  of  the  delegation  from  that  State  were  compelled  to  re 
tire  permanently  from  this  Convention,  on  account,  as  he  con 
ceived,  of  the  unjust  course  that  had  been  pursued  toward  some 
of  their  fellow-citizens  of  the  South.  The  South  had  heretofore 
relied  upon  the  Northern  Democracy  to  give  them  the  rights 
which  were  justly  due  them ;  but  the  vote  to-day  had  satisfied 
the  majority  of  the  North  Carolina  delegation  that  these  rights 
were  now  refused  them,  and  this  being  the  case,  they  could  no 
longer  remain  in  the  Convention." 

Then  followed  in  succession  the  withdrawal  of  the  delegations 
from  Tennessee, J  Kentucky, §  Maryland,]  California,!"  Oregon,** 
and  Arkansas. ft  The  Convention  now  adjourned  at  half-past 
ten  o'clock  until  the  next  morning  at  ten. 

Soon  after  the  assembling  of  the  Convention  JJ  the  President, 
Mr.  dishing,  whilst  tendering  his  thanks  to  its  members  for 
their  candid  and  honorable  support  in  the  performance  of  his 
duties,  stated  that  notwithstanding  the  retirement  of  the  delega 
tions  of  several  of  the  States  at  Charleston,  in  his  solicitude  to 
maintain  the  harmony  and  union  of  the  Democratic  party,  he  had 
continued  in  his  post  of  labor.  "  To  that  end  and  in  that  sense," 
said  he,  "  I  had  the  honor  to  meet  you,  gentlemen,  here  at  Balti 
more.  But  circumstances  have  since  transpired  which  compel 
me  to  pause.  The  delegations  of  a  majority  of  the  States  have, 
either  in  whole  or  in  part,  in  one  form  or  another,  ceased  to  par- 

*  Page  212.        f  Page  213.        %  Page  213.        §  Page  213.        |  Page  2U. 
If  Pages  215-217.    **  Page  217.    ft  Page  225.    \\  Sixth  day,  June  23d,  page  225, 


80 

ticipate  in  the  deliberations  of  the  Convention.  *  *  *  In 
the  present  circumstances,  I  deem  it  a  duty  of  self-respect,  and  I 
deem  it  still  more  a  duty  to  this  Convention,  as  at  present  or 
ganized,  *  *  *  to  resign  my  seat  as  President  of  this  Con 
vention,  in  order  to  take  my  place  on  the  floor  as  a  member  of 
the  delegation  from  Massachusetts.  *  *  *  I  deem  this  above 
all  a  duty  which  I  owe  to  the  members  of  this  Convention,  as  to 
whom  no  longer  would  my  action  represent  the  will  of  a  majority 
of  the  Convention."  * 

"  Governor  Tod,  of  Ohio,  one  of  the  Yice-Presidents,  then 
took  the  vacant  chair,  and  was  greeted  with  hearty  and  long- 
continued  cheers  and  applause  from  members  of  the  Convention." 

"  Mr.  Butler,  of  Massachusetts,  now  announced  that  a  portion 
of  the  Massachusetts  delegation  desired  to  retire,  but  was  inter 
rupted  by  cries  of  <  No,'  <  No,'  <  Call  the  roll.'  The  indefatiga 
ble  Mr.  Cessna  called  for  the  original  question,  to  wit,  that  the 
Convention  now  proceed  to  a  nomination  for  President  and  Vice- 
President."  / 

"  The  President  here  ordered  the  Secretary  to  call  the  States. 
Maine,  New  Hampshire,  and  Yermont  were  called,  and  they 
gave  an  unbroken  vote  for  Stephen  A.  Douglas.  When  Mas 
sachusetts  was  called,  Mr.  Butler  rose  and  said  he  had  a  respect 
ful  paper  in  his  hand  which  he  would  desire  the  President  to 
have  read.  A  scene  of  great  confusion  thereupon  ensued,  cries 
of  '  I  object '  being  heard  upon  all  sides."  Mr.  Butler,  not  to  be 
baffled,  contended  for  his  right  at  this  stage  to  make  remarks 
pertinent  to  the  matter,  and  cited  in  his  support  the  practice  of 
the  Conventions  at  Baltimore  in  1848  and  1852,  and  at  Cincin 
nati  in  1856.  He  finally  prevailed,  and  was  permitted  to  pro 
ceed.  He  then  said  he  "  would  now  withdraw  from  the  Conven 
tion,  upon  the  ground  that  there  had  been  a  withdrawal,  in  whole 
or  in  part,  of  a  majority  of  the  States ;  and  further,  which  was  a 
matter  more  personal  to  himself,  he  could  not  sit  in  a  Conven 
tion  where  the  African  slave  trade,  which  was  piracy  according 
to  the  laws  of  his  country,  was  openly  advocated." 

Mr.  Butler  then  retired,  followed  by  General  Gushing  and 
four  others  of  the  Massachusetts  delegation. 

*  Page  226. 


ON   THE   EVE   OF   THE   REBELLION.  81 

The  balloting  now  proceeded.  Mr.  Douglas  received  173J 
votes ;  Mr.  Guthrie  9 ;  Mr.  Breckinridge  6£ ;  Mr.  Bocock  and 
Mr.  Seymour  each  1 ;  and  Mr.  Dickinson  and  Mr.  Wise  each 
half  a  vote.  On  the  next  and  last  ballot  Mr.  Douglas  received 
18LJ  votes,  eight  of  those  in  the  minority  having  changed  their 
votes  in  his  favor. 

To  account  for  this  number,  it  is  proper  to  state  that  a  few 
delegates  from  five  of  the  eight  States  which  had  withdrawn  still 
remained  in  the  Convention.  On  the  last  ballot  Mr.  Douglas 
received  all  of  their  votes,  to  wit :  3  of  the  15  votes  of  Virginia, 
1  of  the  10  votes  of  North  Carolina,  1J-  of  the  3  votes  of  Ar 
kansas,  3  of  the  12  votes  of  Tennessee,  3  of  the  12  votes  of 
Kentucky,  and  2J-  of  the  8  votes  of  Maryland,  making  in  the 
aggregate  14  votes.  To  this  number  may  be  added  the  9  votes 
of  the  new  delegates  from  Alabama  and  the  6  from  Louisiana, 
who  had  been  admitted  to  the  exclusion  of  the  original  dele 
gates.  If  these  29  votes  from  Southern  States  be  deducted 
from  the  181J  votes  nominating  Mr.  Douglas,  that  number  would 
be  reduced  to  152J. 

These  proceedings  had  now  rendered  it  clear  that  Mr.  Doug 
las  could  not,  as  he  did  not,  receive  one  electoral  vote  from  any 
of  the  sixteen  Democratic  States  of  Delaware,  Maryland,  Yir- 
ginia,  North  Carolina,  South  Carolina,  Georgia,  Alabama,  Lou 
isiana,  Mississippi,  Texas,  Florida,  Tennessee,  Kentucky,  Arkan 
sas,  California,  and  Oregon.  He  owed  his  nomination  almost 
exclusively  to  States  which  could  not  give  him  a  single  electoral 
vote.  "What  was  still  more  ominous  of  evil,  the  division  was 
sectional  between  the  free  and  the  slaveholding  States,  between 
the  North  and  the  South.  It  might  have  been  supposed  that 
these  disastrous  circumstances,  foreboding  such  dangers  both  to 
the  Democratic  party  and  the  Union,  would  have  caused  his 
friends  to  pause,  and  at  the  last  moment  consent  to  some  means 
of  conciliation.  But  they  rushed  on  to  complete  their  work, 
regardless  of  consequences.  The  two-thirds  rule  interposed  no 
obstacle  in  their  course,  although  it  had  been  expressly  adopted 
and  readopted  by  this  Convention,  and  the  very  case  had  now 
occurred — the  nomination  by  nearly  all  the  Anti-Democratic 
States — against  which  its  original  authors,  with  wise  foresight, 


82  MR.  BUCHANAN'S  ADMINISTEATION 

intended  to  guard.  Mr.  Douglas  was  accordingly  declared  to 
be  the  regular  nominee  of  tlie  Democratic  party  of  the  Union,* 
upon  the  motion  of  Mr.  Church,  of  New  York,  when,  accord 
ing  to  the  report  of  the  proceedings,  "  The  whole  body  rose  to 
its  feet,  hats  were  waved  in  the  air,  and  many  tossed  aloft ; 
shouts,  screams,  and  yells,  and  every  boisterous  mode  of  express 
ing  approbation  and  unanimity,  were  resorted  to." 

Senator  Fitzpatrick,  of  Alabama,  was  then  unanimously 
nominated  as  the  candidate  for  Yice-President ;  and  the  Conven 
tion  adjourned  sine  die  on  the  23d  June,  the  sixth  and  last 
day  of  its  session. f  On  the  same  day,  but  after  the  adjourn 
ment,  Mr.  Fitzpatrick  declined  the  nomination,  and  it  was 
immediately  conferred  on  Mr.  Herschel  Y.  Johnson,  of  Geor 
gia,  by  the  Executive  Committee.  Thus  ended  the  Douglas 
Convention. 

But  another  Convention  assembled  at  Baltimore  on  the 
same  23d  Juue,J  styling  itself  also,  and  with  as  little  reason, 
the  "National  Democratic  Convention."  It  was  composed 
chiefly  of  the  delegates  who  had  just  withdrawn  from  the  Doug 
las  Convention,  and  the  original  delegates  from  Alabama  and 
Louisiana.  One  of  their  first  acts  was  to  abrogate  the  two- 
thirds  ^-ule,  as  had  been  done  by  the  Douglas  Convention. 
Both  acted  under  the  same  necessity,  because  the  preservation 
of  this  rule  would  have  prevented  a  nomination  by  either. 
This  consideration,  instead  of  causing  both  to  desist  and  appeal 
to  the  people  of  the  States  to  appoint  a  new  Convention  for  the 
salvation  of  the  Democratic  party,  was  totally  disregarded. 

Mr.  Gushing  was  elected  and  took  the  chair  as  President. 
In  his  opening  address  he  said :  "  Gentlemen  of  the  Conven 
tion,  we  assemble  here,  delegates  to  the  National  Democratic 
Convention  [applause],  duly  accredited  thereto  from  more  than 
twenty  States  of  the  Union  [applause],  for  the  purpose  of  nomi 
nating  candidates  of  the  Democratic  party  for  the  offices  of 
President  and  Yice-President  of  the  United  States,  for  the  pur 
pose  of  announcing  the  principles  of  the  party,  and  for  the  pur 
pose  of  continuing  and  reestablishing  that  party  upon  the  firm 
foundations  of  the  Constitution,  the  Union,  and  the  coequal 
rights  of  the  several  States."  § 

*  Pages  231-236.        t  Page  239.        J  Page  241.        §  Page  248. 


ON   THE   EVE   OF   THE  REBELLION.  83 

Mr.  Avery,  of  North  Carolina,  who  had  reported  the  major 
ity  resolutions  at  Charleston,  now  reported  the  same  from  the 
committee  of  this  hody,  and  they  "  were  adopted  unanimously, 
amid  great  applause." 

The  Convention  then  proceeded  to  select  their  candidates. 
Mr.  Loring,  on  behalf  of  the  delegates  from  Massachusetts,  who 
with  Mr.  Butler  had  retired  from  the  Douglas  Convention, 
nominated  John  C.  Breckinridge,  of  Kentucky,  which  Mr. 
Dent,  representing  the  Pennsylvania  delegation  present,  "most 
heartily  seconded."  Mr.  "Ward,  from  the  Alabama  delegation, 
nominated  E.  M.  T.  Hunter,  of  Virginia ;  Mr.  Ewing,  from 
that  of  Tennessee,  nominated  Mr.  Dickinson,  of  New  York ; 
and  Mr.  Stevens,  from  Oregon,  nominated  General  Joseph  Lane. 
Eventually  all  these  names  were  withdrawn  except  that  of  Mr. 
Breckinridge,  and  he  received  the  nomination  by  a  unanimous 
vote.  The  whole  number  of  votes  cast  in  his  favor  from  twenty 
States  was  103-J.  The  vote  of  Mr.  Douglas  was  considerably 
greater,  but  Mr.  Breckinridge  received  a  large  majority  over 
him  from  States  known  to  be  Democratic. 

General  Lane  was  unanimously  nominated  as  the  candidate 
for  Yice-President.  Thus  terminated  the  Breckinridge  Conven 
tion. 

The  23d  of  June,  1860,  was  a  dark  and  gloomy  day  both 
for  the  Democratic  party  and  the  Union.  It  foreboded  nothing 
but  evil.  There  could  be  no  pretence  that  either  candidate  had 
been  nominated  according  to  the  established  rules  of  the  party. 
Every  individual  Democrat  was,  therefore,  left  at  liberty  to 
choose  between  them.  In  many  localities,  especially  North, 
their  respective  partisans  became  more  violent  against  each 
other  than  against  the  common  foe.  No  reasonable  hope  could 
remain  for  the  election  of  Mr.  Douglas  or  Mr.  Breckinridge. 
It  was  morally  certain  that  Mr.  Lincoln  would  be  the  next  Pres 
ident,  and  this  added  greatly  to  his  strength.  The  result  was, 
that  of  the.  303  electoral  votes,  Mr.  Douglas  received  but  12  * 
(3  from  New  Jersey,  and  9  from  Missouri),  and  Mr.  Breckin 
ridge  only  72  (3  from  Delaware,  8  from  Maryland,  10  from 
North  Carolina,  8  from  South  Carolina,  10  from  Georgia,  6 

*  Congressional  Globe,  I860-' 61,  page  894. 


84 

from  Louisiana,  7  from  Mississippi,  9  from  Alabama,  4  from 
Arkansas,  3  from  Florida,  and  4  from  Texas).  Virginia,  North 
Carolina,  and  Tennessee  cast  their  39  votes  for  John  Bell,  of 
Tennessee,  of  the  self-styled  Constitutional  Union  party. 

In  reviewing  the  whole,  it  is  clear  that  the  original  cause  of 
the  disaster  was  the  persistent  refusal  of  the  friends  of  Mr. 
Douglas  to  recognize  the  constitutional  rights  of  the  slavehold- 
ing  States  in  the  Territories,  established  by  the  Supreme  Court. 
These  rights  the  Southern  States  could  not  yield  after  the  de 
cision,  without  a  sense  of  self-degradation,  and  voluntary  aban 
donment  of  their  equality  with  their  sister  States,  as  members 
of  the  Union.  But  were  they  justified,  for  this  cause,  in  seced 
ing  from  the  Convention,  and  pursuing  a  course  so  extreme  ? 
Far  from  it.  Had  they  remained  at  the  post  of  duty,  like  Vir 
ginia  and  the  other  border  States,  it  would  have  been  impossi 
ble  that  a  candidate  so  obnoxious  to  them,  on  account  of  his 
principles,  could  have  been  nominated.  The  final  result  would 
probably  then  have  been  the  nomination  of  some  compromise 
candidate,  which  would  have  preserved  the  unity  and  strength 
of  the  Democratic  organization.  Indeed,  the  withdrawal  of 
these  States,  under  the  circumstances,  has  afforded  plausible 
ground  for  the  belief  of  many,  that  this  was  done  with  a  view  to 
prepare  the  way  for  a  dissolution  of  the  Union.  Although, 
from  the  votes  and  speeches  of  their  delegates,  there  do  not 
seem  to  be  sufficient  grounds  for  so  harsh  a  judgment,  yet  it 
cannot  be  denied  that  the  act  was  rash,  unwise,  and  unfortunate. 

An  entire  new  generation  had  now  come  upon  the  stage  in 
the  South,  in  the  midst  of  the  anti-slavery  agitation.  The 
former  generation,  which  had  enjoyed  the  blessings  of  peace  and 
security  under  the  Constitution  and  the  Union,  had  passed  away. 
That  now  existing  had  grown  up  and  been  educated  amid 
assaults  upon  their  rights,  and  attacks  from  the  North  upon  the 
domestic  institution  inherited  from  their  fathers.  Their  post- 
offices  had  been  perverted  for  the  circulation  of  incendiary  pic 
tures  and  publications  intended  to  excite  the  slaves  to  servile 
insurrection.  In  the  North,  the  press,  State  Legislatures,  anti- 
slavery  societies,  abolition  lecturers,  and  above  all  the  Christian 
pulpit,  had  been  persistently  employed  in  denouncing  slavery  as 


ON  THE   EVE   OF   THE  BEBELLION.  85 

a  sin,  and  rendering  slaveholders  odious.  Numerous  abolition 
petitions  had  been  presented  to  Congress,  from  session  to  session, 
portraying  slavery  as  a  grievous  sin  against  God  and  man.  The 
Fugitive  Slave  Law  enacted  by  the  first  Congress,  as  well  as 
that  of  1850,  for  the  security  of  their  property,  had  been  nulli 
fied  by  the  Personal  Liberty  Acts  of  Northern  Legislatures,  and 
by  the  organized  assistance  afforded  by  abolitionists  for  the  es 
cape  of  their  slaves.  Wilmot  provisos  had  been  interposed  to 
defeat  their  constitutional  rights  in  the  common  Territories,  and 
even  after  these  rights  had  been  affirmed  by  the  Supreme  Court, 
its  decision  had  been  set  at  naught  not  only  by  the  Republican 
but  by  the  Douglas  party.  "  The  irrepressible  conflict"  of  Sen 
ator  Seward,  and  the  Helper  book,  both  portending  the  aboli 
tion  of  slavery  in  the  States,  had  been  circulated  broadcast 
among  the  people.  And  finally  the  desperate  fanatic,  John 
Brown,  inflamed  by  these  teachings,  had  invaded  Yirginia,  and 
murdered  a  number  of  her  peaceful  citizens,  for  the  avowed 
purpose  of  exciting  a  servile  insurrection ;  and  although  he  had 
expiated  his  crimes  on  the  gallows,  his  memory  was  consecrated 
by  the  abolitionists,  as  though  he  had  been  a  saintly  martyr. 

In  the  midst  of  these  perils  the  South  had  looked  with  hope 
to  the  action  of  the  Democratic  National  Convention  at  Charles 
ton,  but  in  this  they  had  been  sadly  disappointed.  This  series 
of  events  had  inflamed  the  Southern  mind  with  intense  hostility 
against  the  North,  and  enabled  the  disunion  agitators  to  prepare 
it  for  the  final  catastrophe. 

It  was  not  until  after  the  breaking  up  of  the  Democratic 
party  at  Charleston  and  Baltimore,  that  the  masses,  even  in  the 
cotton  States,  always  excepting  South  Carolina,  could  be  induced 
to  think  seriously  of  seceding  from  the  Union.  The  border 
States,  with  Yirginia  in  the  front  rank,  although  much  dissatis 
fied  with  the  course  of  events  at  the  North,  still  remained  true 
to  the  Federal  Government. 


86  ME.  BUCHANAN'S  ADMINISTRATION 


CHAPTEE    IY. 

The  heresy  of  Secession — Originated  in  New  England — Maintained  by  Josiah  Quincy 
and  the  Hartford  Convention,  by  Mr.  Kawle  and  Mr.  John  Quincy  Adams,  but 
opposed  by  the  South — Southern  Secession  dates  from  South  Carolina  Nullifica 
tion—Its  character  and  history— The  Compromise  Tariff  of  1833— The  Nullifiers 
agitate  for  Secession — Mr.  Calhoun — Mr.  Cobb  against  it — Warnings  of  the  Dem 
ocratic  narty — They  are  treated  with  contempt — Secession  encouraged  by  the 
Republicans — The  Cotton  States  led  to  believe  they  would  be  allowed  to  depart 
in  peace-^President  Buchanan  warned  them  against  this  delusion. 

THE  alleged  right  of  secession,  or  the  right  of  one  or  more 
States  to  withdraw  from  the  Union,  is  not  a  plant  of  Southern 
origin.  On  the  contrary,  it  first  sprung  up  in  the  North.  At 
an  early  period  after  the  formation  of  the  Constitution,  many 
influential  individuals  of  New  England  became  dissatisfied  with 
the  union  between  the  Northern  and  Southern  States,  and  were 
anxious  to  dissolve  it.  "  This  design,"  according  to  Mr.  John 
Quincy  Adams,  "  had  been  formed  in  the  winter  of  1803-'4,  im 
mediately  after  and  as  a  consequence  of  the  acquisition  of 
Louisiana."  *  This  he  disclosed  to  Mr.  Jefferson,  in  the  year 
1809.  About  the  same  time,  to  the  confidential  friends  of  Mr. 
Jefferson  he  "  urged  that  a  continuance  of  the  embargo  much 
longer  would  certainly  be  met  by  forcible  resistance,  supported 
by  the  Legislature  and  probably  by  the  judiciary  of  the  State 
[Massachusetts],  That  to  quell  that  resistance,  if  force  should 
be  resorted  to  by  the  Government,  it  would  produce  a  civil  war ; 
and  that,  in  that  event,  he  had  no  doubt  the  leaders  of  the  party 
would  secure  the  cooperation  with  them  of  Great  Britain.  That 
their  object  was,  and  had  been  for  several  years,  a  dissolution  of 

*  Letter  of  Dec.  30,  1828,  in  reply  to  Harrison  Grey  Otis  and  others.    Appendix 
to  Randall's  Life  of  Jefferson,  vol.  iii.,  p.  635.    Vide  also  vol.  iii.,  p.  295. 


.  ^  ON   THE    EVE   OF    THE   REBELLION.  87 

the  Union,  and  the  establishment  of  a  separate  Confederation, 
he  knew  from  unequivocal  evidence,  although  not  provable  in  a 
court  of  law  ;  and  that  in  case  of  a  civil  war,  the  aid  of  Great 
Britain  to  effect  that  purpose  would  be  assuredly  resorted  to,  as 
it  would  be  indispensably  necessary  to  the  design." 

Afterwards,  in  1828,  whilst  President  of  the  United  States, 
he  reaffirmed  the  statement  made  to  Mr.  Jefferson,  and  said : 
"  That  project,  I  repeat,  had  gone  to  the  length  of  fixing  upon  a 
military  leader  for  its  execution ;  and  although  the  circumstances 
of  the  times  never  admitted  of  its  execution,  nor  even  of  its 
full  development,  I  had  yet  no  doubt  in  1808  and  1809,  and 
have  no  doubt  at  this  time,  that  it  is  the  key  of  all  the  great 
movements  of  these  leaders  of  the  Federal  party  in  New  Eng 
land,  from  that  time  forward  till  its  final  catastrophe  in  the 
Hartford  Convention."  It  is  but  fair  to  observe  that  these  state 
ments  were  denied  by  the  'parties  implicated,  but  were  still  ad 
hered  to  and  again  reaffirmed  by  Mr.  Adams. 

In  this  connection  we  may  cite  the  speech  delivered  by  Mr. 
Josiah  Quincy,  a  leading  and  influential  Representative  from 
Massachusetts,  on  the  14th  January,  1811.*  In  this  he  boldly 
avows  and  defends  both  the  right  and  the  duty  of  States  to 
separate  from  the  Union,  should  Congress  pass  the  bill  then 
pending  before  them,  "  to  enable  the  people  of  the  Territory  of 
Orleans  to  form  a  Constitution  and  State  Government,  and  for 
the  admission  of  such  State  [Louisiana]  into  the  Union  on  an 
equal  footing  with  the  original  States." 

He  alleges  "  that  the  principle  of  this  bill  materially  affects 
the  liberties  and  rights  of  the  whole  people  of  the  United  States. 
To  me  it  appears  that  it  would  justify  a  revolution  in  this  coun 
try,  and  that  in  no  great  length  of  time  may  produce  it."  He 
then  proceeds  to  declare  as  follows  :  "  If  this  bill  passes,  it  is 
my  deliberate  opinion  that  it  is  virtually  a  dissolution  of  the 
Union  ;  that  it  will  free  the  States  from  their  moral  obligation, 
and,  as  it  will  be  the  right  of  all,  so  it  will  be  the  duty  of  some, 
definitely  to  prepare  for  a  separation,  amicably  if  they  can,  vio 
lently  if  they  must."  Upon  being  called  to  order  for  the  utter- 

*  Gales  &  Beaton's  Annals  of  Congress,  1810-' 11,  3d  session,  p.  524. 


I    i 


88  ME.  BUCHANAN'S  ADMINISTRATION 

ance  of  this  sentiment,  lie  repeated  it  and  committed  it  to  writing 
with  his  own  hand. 

The  violation  of  the  Constitution  involved  in  this  bill  was, 
according  to  Mr.  Quincy,  the  admission  into  the  Union  of  a 
State  composed  of  foreign  territory,  which  had  been  outside  of 
the  limits  of  the  United  States  when  the  Constitution  was 
adopted.  This,  he  contended,  would  result  in  a  serious  diminu 
tion  of  the  power  and  influence  in  the  Federal  Government,  to 
which  Massachusetts  and  the  other  old  States  were  justly  entitled. 

It  is  curious  to  observe  that  he  justified  a  dissolution  of  the 
Union  by  the  very  same  fallacy  afterwards  employed  by  the 
Southern  secessionists,  in  applying  to  our  Government  a  rule  of 
construction  applicable  to  mere  private  contracts.  "  Is  there," 
said  he,  "  a  moral  principle  of  public  law  better  settled,  or  more 
conformable  to  the  plainest  suggestions  of  reason,  than  that  the 
violation  of  a  contract  by  one  of  the  parties  may  be  considered 
as  exempting  the  other  from  its  obligations  ? "  * 

Thirty-five  members  united  with  Mr. .  Quincy  in  voting 
against  this  bill,  but  it  passed  the  House  by  a  vote  of  77  to  36. 

"We  shall  not  refer  specially  to  the  proceedings  of  the  Hart 
ford  Convention,  which  assembled  in  December,  1814,  during 
the  existence  of  our  last  war  with  Great  Britain.  We  may  ob 
serve  generally,  that  this  body  manifested  their  purpose  to  dis 
solve  the  Union,  should  Congress  refuse  to  redress  the  grievances 
of  which  they  complained.  The  peace,  however,  with  Great 
Britain,  terminated  their  action,  and  consigned  them  to  lasting 
and  well  merited  reproach.  During  this  entire  period  the 
Southern  people  opposed  and  denounced  all  threats  and  efforts 
to  dissolve  the  Union  as  treasonable,  and  during  the  war  as  giv 
ing  "  aid  and  comfort "  to  the  enemy. 

The  right  of  secession  found  advocates  afterwards  in  men  of 
distinguished  abilities  and  unquestioned  patriotism.  In  1825  it 
was  maintained  by  Mr.  William  Eawle,  of  Philadelphia,  an 
eminent  and  universally  respected  lawyer,  in  the  23d  chapter 
of  his  "  View  of  the  Constitution  of  the  United  States."  In 
speaking  of  him  his  biographer  says,  that  "  in  1791  he  was  ap 
pointed  District  Attorney  of  the  United  States,  by  the  Father 

*  Gales  &  Beaton's  Annals  of  Congress,  1810-'ll,  3d  session,  p.  577. 


ON  THE   EVE   OF  THE   REBELLION.  89 

of  his  country ; "  and  "  the  situation  of  Attorney  General  was 
more  than  once  tendered  to  him  by  Washington,  but  as  often 
declined,"  for  domestic  reasons.*  But  to  quote  a  still  higher 
authority,  that  of  Mr.  John  Quincy  Adams.  This  learned 
and  profound  statesman,  in  1839,  admitted  the  right  of  the  peo 
ple  of  a  State  to  secede  from  the  Union,  whilst  deprecating  its 
exercise.  We  copy  entire  the  three  paragraphs  relating  to  this 
subject  from  his  "  Discourse  delivered  before  the  New  York 
Historical  Society,"  f  on  the  fiftieth  anniversary  of  General 
Washington's  Inauguration  as  President  of  the  United  States : 

"  In  the  calm  hours  of  self-possession,  the  right  of  a  State  to 
nullify  an  act  of  Congress,  is  too  absurd  for  argument,  and  too 
odious  for  discussion.  The  right  of  a  State  to  secede  from  the 
Union,  is  equally  disowned  by  the  principles  of  the  Declaration 
of  Independence.  Nations  acknowledge  no  judge  between  them 
upon  earth,  and  their  Governments,  from  necessity,  must  in  their 
intercourse  with  each  other  decide  when  the  failure  of  one  party 
to  a  contract  to  perform  its  obligations,  absolves  the  otbgr  from 
the  reciprocal  fulfilment  of  his  own.  But  this  last  of  earthly 
powers  is  not  necessary  to  the  freedom  or  independence  of  States, 
connected  together  by  the  immediate  action  of  the  people  of 
whom  they  consist.  To  the  people  alone  is  there  reserved,  as 
well  the  dissolving,  as  the  constituent  power,  and  that  power 
can  be  exercised  by  them  only  under  the  tie  of  conscience,  bind 
ing  them  to  the  retributive  justice  of  Heaven. 

"  With  these  qualifications,  we  may  admit  the  same  right  as 
vested  in  ihQ  people  of  every  State  in  the  Union,  with  reference 
to  the  General  Government,  which  was  exercised  by  the  people 
of  the  United  Colonies,  with  reference  to  the  supreme  head  of 
the  British  empire,  of  which  they  formed  a  part ;  and  under 
these  limitations  have  the  people  of  each  State  in  the  Union  a 
right  to  secede  from  the  confederated  Union  itself. 

"  Thus  stands  the  EIGHT.  But  the  indissoluble  link  of 
union  between  the  people  of  the  several  States  of  this  confed 
erated  nation  is,  after  all,  not  in  the  right,  but  in  the  heart.  If  the 
day  should  ever  come  (may  Heaven  avert  it)  when  the  affections 
of  the  people  of  these  States  shall  be  alienated  from  each  other ; 

*  Brown's  Forum,  p.  505.  t  Pages  68,  69. 


90  MR.  BUCHANAN'S  ADMINISTRATION 

when  the  fraternal  spirit  shall  give  way  to  cold  indifference,  or 
collision  of  interest  shall  fester  into  hatred,  the  bands  of  political 
association  will  not  long  hold  together  parties  no  longer  attracted 
by  the  magnetism  of  conciliated  interests  and  kindly  sympathies ; 
and  far  better  will  it  be  for  the  people  of  the  disunited  States 
to  part  in  friendship  from  each  other,  than  to  be  held  together 
by  constraint.  Then  will  be  the  time  for  reverting  to  the  prece 
dents  which  occurred  at  the  formation  and  adoption  of  the  Con 
stitution,  to  form  again  a  more  perfect  union,  by  dissolving  that 
which  could  no  longer  bind,  and  to  leave  the  separated  parts  to 
be  reunited  by  the  law  of  political  gravitation  to  the  centre." 

These  high  authorities  in  the  North  made  no  impression  on 
the  Southern  people.  Southern  secession  was  the  bitter  fruit  of 
South  Carolina  nullification. 

Nullification  did  not  spring  from  the  slavery  question.  It 
originated  exclusively  from  hostility  to  a  protective  tariff. 
In  the  belief  of  the  people  of  South  Carolina,  the  tariff  laws 
afforded  extravagant  and  unconstitutional  protection  to  domes 
tic  manufactures,  greatly  to  their  injury.  They  were  convinced 
that  the  high  import  duties  exacted  from  them  enhanced  un 
justly  the  price  of  the  articles  they  consumed,  and  at  the  same 
time  depreciated  the  value  of  the  cotton  and  other  articles  which 
they  produced  and  exported ;  and  that  all  their  losses  were  so 
many  forced  contributions  to  enrich  Northern  manufacturers  at 
their  expense. 

In  this  belief  the  people  of  the  State  were  nearly  unanimous; 
but  they  were  almost  equally  divided  as  to  whether  nullification 
was  an  appropriate  and  constitutional  remedy.  Nullification 
assumes  that  each  State  has  the  rightful  power  to  absolve  itself 
from  obedience  to  any  particular  law  of  Congress  which  it  may 
deem  oppressive,  and  to  resist  its  execution  by  force ;  and  yet  in 
regard  to  all  other  laws  to  remain  a  constituent  member  of  the 
Union.  Thus  in  each  State,  though  still  under  the  same  Gen 
eral  Government,  a  different  code  might  be  in  force,  varying 
with  every  degree  of  latitude.  This  would  produce  "  confusion 
worse  confounded."  Even  secession  can  be  sustained  by  much 
more  plausible  arguments  than  such  a  paradox! 

Mr.  John  C.  Calhoun  was  the  acknowledged  leader  of  the 


OST  THE   EVE   OF   THE    REBELLION.  91 

Nullification  party.  As  a  member  of  the  House  of  Representa 
tives  he  had  borne  a  conspicuous  part  in  the  declaration  and 
prosecution  of  the  war  of  1812  against  Great  Britain.  He 
had  been  Secretary  of  War  during  nearly  the  whole  eight  years 
of  Mr.  Monroe's  Presidency,  and  had  displayed  great  adminis 
trative  ability  in  organizing  and  conducting  his  Department. 
He  was  elected  in  1824,  and  afterwards  reflected  in  1828,  Vice- 
President  of  the  United  States,  and  still  held  this  high  office. 
He  possessed  eminent  reasoning  powers,  but,  in  the  opinion  of 
many,  was  deficient  in  sound  practical  judgment.  He  was  terse 
and  astute  in  argument ;  but  his  views  were  not  sufficiently  broad 
and  expanded  to  embrace  at  the  same  time  all  the  great  inter 
ests  of  the  country,  and  to  measure  them  according  to  their  rela 
tive  importance.  It  was  his  nature  to  concentrate  all  his  powers 
on  a  single  subject ;  and  this,  for  the  time  being,  almost  to  the  ex 
clusion  of  all  others.  Although  not  eloquent  in  debate,  he  was 
rapid,  earnest,  and  persuasive.  His  powers  of  conversation  were 
of  the  highest  order ;  and  it  was  his  delight  to  exert  them  in 
making  proselytes,  especially  of  the  young  and  promising.  It 
is  but  just  to  add  that  his  private  life  was  a  model  of  purity.  . 

Under  his  auspices,  the  State  Convention  of  South  Carolina, 
in  November,  1832,  passed  the  well-known  Nullification  Ordi 
nance.  By- this  they  declared  that  all  the  tariff  acts  then  in 
force  had  been  passed  in  violation  of  the  Constitution  of  the 
United  States ;  and  that  they  were  "  null,  void,  and  no  law,  nor 
binding  upon  this  State,  its  officers  or  citizens."  They  also 
ordained  that  should  the  Federal  Government  attempt  to  carry 
these  acts  into  effect  within  the  limits  of  South  Carolina,  "  the 
people  of  this  State  will  thenceforth  hold  themselves  absolved 
from  all  further  obligation  to  maintain  or  preserve  their  political 
connection  with  the  people  of  the  other  States,  and  will  forth 
with  proceed  to  organize  a  separate  Government,  and  to  do  all 
other  acts  and  things  which  sovereign  and  independent  States 
of  right  do."* 

This  declaration  was  the  germ  of  Southern  secession.  It 
asserted  the  right  and  the  duty  of  South  Carolina  to  secede 
from  the  Union  and  establish  an  independent  Government, 

*  Con.  Debates,  vol.  ix.,  Part  2d,  Appendix,  pp.  162,  163. 


92  MB.  BUCHANAN'S  ADMINISTRATION 

whenever  the  Federal  Government  should  attempt  to  execute 
the  tariff  laws  within  its  limits. 

At  this  period  a  large  and  influential  minority,  almost  amount 
ing  to  a  majority  of  the  people  of  South  Carolina,  were  opposed 
to  nullification.  This  party  embraced  the  Federal  judges,  and 
the  collectors  and  other  revenue  officers  at  the  different  ports. 
They  did  not  believe  nullification  to  be  either  a  rightful  or 
constitutional  remedy  for  grievances,  which  notwithstanding 
they  felt  keenly  in  common  with  their  fellow-citizens.  So  hos 
tile  did  the  parties  become  toward  each  other  in  the  progress  of 
the  conflict,  that  there  was  imminent  danger  they  might  resort 
to  civil  war.  The  minority  stood  ready  to  aid  the  Government 
in  enforcing  the  tariff  laws  against  the  nullifiers. 

The  Convention,  in  their  address  to  the  people  of  the  United 
States,*  proposed  terms  of  compromise,  with  which  should  Con 
gress  comply,  South  Carolina  would  xepeal  the  nullifying  ordi 
nance.  Professing  their  willingness  "  to  make  a  large  offering  to 
preserve  the  Union,"  f  and  distinctly  declaring  that  it  was  a  con 
cession  on  their  part,  they  proposed  to  consent  to  a  tariff  im 
posing  the  same  rate  of  duty  on  the  protected  as  on  the  unpro 
tected  articles,  "  provided  that  no  more  revenue  be  raised  than 
is  necessary  to  meet  the  demands  of  the  Government  for  con 
stitutional  purposes,  and  provided,  also,  that  a  duty  substan 
tially  uniform  be  imposed  upon  all  foreign  imports."  Thus  their 
ultimatum  was  a  uniform  ad  valorem  horizontal  tariff  for  reve 
nue  alone,  without  any  discriminations  whatever  in  favor  of 
domestic  manufactures. 

At  this  crisis  Mr.  Calhoun  resigned  the  office  of  Vice-Presi- 
dent,  and  on  the  12th  December,  1832,  took  his  seat  in  the  Sen 
ate  as  one  of  the  Senators  from  South  Carolina,  for  the  purpose 
of  advocating  the  measures  he  had  advised.  Strange  to  say, 
South  Carolina  substantially  succeeded  in  accomplishing  her 
object  by  the  passage  of  the  "  Compromise  Act "  of  2d  March, 
1833.J  Under  it,  Congress  provided  for  a  gradual  reduction  of 
existing  duties  on  all  foreign  articles  competing  in  the  home 
market  with  our  domestic  manufactures,  until  they  should  finally 

*  Con.  Debates,  vol.  ix.,  Part  2d,  Appendix,  p:  168. 
t  Page  172.  %  U.  S.  Statutes  at  Large,  p.  629. 


ON   THE   EVE   OF   THE   REBELLION.  93 

sink,  on  the  30th  June,  1842,  to  a  uniform  rate  of  20  per  cent, 
ad  valorem,  from  and  after  which  period  this  reduced  duty  only 
should  be  collected.  Mr.  Calhoun  supported  the  bill  and  voted 
for  its  passage.  South  Carolina  accepted  the  concession,  and 
repealed  the  ordinance  of  nullification. 

Mr.  Calhoun,  notwithstanding  this  success,  was  never  able 
to  indoctrinate  the  Southern  people  outside  of  his  own  State 
with  the  heresy  of  nullification.  It  soon  became  odious  to  the 
whole  country,  and  has  since  passed  into  universal  disrepute. 
But  not  so  with  its  twin  sister  secession. 

Whilst  these  proceedings  were  pending,  General  Jackson  was 
ready  and  willing  to  enforce  the  laws  against  South  Carolina, 
should  they  be  resisted,  with  all  the  means  in  his  power.  These 
were,  however,  inadequate  for  the  occasion.  New  legislation 
was  required  to  enable  him  to  act  with  vigor  and  success.  For 
this  he  applied  to  Congress  in  an  elaborate  message  of  the  16th 
January,  1833.*  This  was  not  granted  until  the  passage  of  the 
"  Compromise  Act "  had  rendered  such  legislation  unnecessary. 
In  fact,  this  act  and  "  the  Force  Bill,"  as  it  was  then  called,  con 
ferring  on  him  the  necessary  powers,  were  approved  by  General 
Jackson  on  the  same  day  (2d  March,  1833).  Such  was,  at  this 
crisis,  the  jealousy  of  executive  power  in  Congress,  that  the  only 
effective  enactments  of  this  bill  were  to  expire,  by  their  own 
limitation,  at  the  end  of  the  next  session  of  Congress  (June, 
1834).  Here  it  may  be  proper  to  observe,  that  Congress  re 
fused  to  revive  them  throughout  the  entire  session  of  1860-'61, 
and  to  confer  upon  President  Buchanan  the  same  powers  for  the 
collection  of  the  revenue  which  they  had,  but  only  for  this  brief 
period,  conferred  on  President  Jackson. 

The  majority  in  South  Carolina,  encouraged  by  success  in 
bringing  Congress  to  terms  on  the  tariff  question,  and  smarting 
under  the  reproach  of  nullification,  soon  threw  aside  all  reserve 
and  rushed  from  this  heresy  into  that  of  secession.  In  this  they 
were  not  long  after  joined  by  the  minority  which  had  resisted 
nullification.  The  formidable  aspect  assumed  by  anti-slavery  at 
the  North  consolidated  the  union  between  the  nullifiers  and  the 
anti-nullifiers.  Then  followed  the  exchange  of  violent  and  vir- 

*  Congressional  Debates,  vol.  ix.,  part  2d,  Appendix,  p.  145. 


94  ME.  BUCHANAN'S  ADMTNISTKATION 

ulent  denunciations  between  the  slavery  and  anti-slavery  fac 
tions,  North  and  South,  each  furnishing  combustibles  to  the 
other,  as  though  they  had  been  in  alliance  to  destroy  the  Union. 
Although  the  people  of  South  Carolina  had  thus  become  al 
most  unanimous  in  their  hostility  to  the  Union,  they  were  nev 
ertheless  divided  into  two  parties,  denominated  "  Disunionists " 
and  "  Cooperationists."  Both  were  equally  resolvefl  on  seces 
sion  ;  they  differed  merely  as  to  the  point  of  time  for  making 
the  movement.  "Whilst  the  former  advocated  immediate  action 
by  the  State  alone,  the  latter  were  in  favor  of  awaiting  the  coop 
eration  of  one  or  more  of  the  other  slaveholding  States. 

The  time-honored  and  Union-loving  "Whig  and  Democratic 
parties  no  longer  existed  in  South  Carolina.  They  had  passed 
away  amid  the  din  of  disunion.  Mr.  Calhoun,  from  the  termi 
nation  of  nullification  until  the  day  of  his  death  (31st  March, 
1850),  made  the  wrongs  and  dangers  of  the  South  his  almost 
constant  theme.  These  he  much  exaggerated.  In  his  last 
great  speech  to  the  Senate,*  on  the  4th  March,  1850,  a  few  days 
before  his  death,  which,  from  physical  weakness,  was  read  by 
Mr.  Mason,  .the  Senator  from  Virginia,  he  painted  these  wrongs 
in  glowing  colors,  and  predicted  that  if  they  were  not  speedily 
redressed  disunion  must  inevitably  follow.  He  asked  the  North 
"  to  do  justice,  by  conceding  to  the  South  an  equal  right  in 
the  acquired  [Mexican]  territory,  and  to  do  her  duty  by  caus 
ing  the  stipulations  in  regard  to  fugitive  slaves  to  be  faith 
fully  fulfilled ;  to  cease  the  agitation  of  the  slave  question,"  and 
to  provide  for  such  an  amendment  to  the  Constitution  as  would 
restore  to  the  South  the  means  of  self-protection.  It  is  worthy 
of  remark,  that,  extreme  as  he  was,  he  never,  on  any  occasion, 
asked  for  a  repeal  of  the  Missouri  Compromise. 

Although  the  earnest  and  impassioned  appeals  of  Mr.  Cal 
houn  made  a  deep  impression  on  the  people  of  the  Southern 
States,  yet  outside  of  South  Carolina  these  failed  to  convince 
Jhe  masses  that  they  ought  to  resort  to  extreme  measures. 
Whilst  satisfied  they  were  suffering  grievous  wrongs  from  the 
Abolitionists,  they  were  yet  willing  to  abide  by  the  compromise 
measures  of  1850,  and  to  seek  redress  by  constitutional  efforts 

*  Con.  Globe,  1849-'50,  p.  451. 


ON  THE   EVE   OF  THE  REBELLION.  95 

within  the  Union.  Such,  it  is  our  confident  belief,  continued  to 
be  the  genuine  sentiments  of  a  very  large  majority  of  their  peo 
ple  even  in  the  cotton  States  for  a  number  of  years  after  the 
death  of  Mr.  Calhoun.  Still  complaining,  yet  still  hoping,  they 
could  not  be  persuaded  to  adopt  rash  measures,  by  all  the  zeal 
and  eloquence  of  pro-slavery  demagogues  with  which  they  were 
infested.  $ 

The  friends  of  the  Union  calculated  much  upon  the  persist 
ent  opposition  to  South  Carolina  doctrines  so  long  maintained 
by  Georgia.  Indeed  Mr.  Cobb,  in  his  canvass  for  Governor, 
had  made  an  able  and  powerful  argument  before  the  people  of 
that  State  against  the  right  of  secession ;  and  this  was  a  prin 
cipal  reason  for  his  selection  for  a  seat  in  the  Cabinet  of  Mr. 
Buchanan.  Without  the  cooperation  of  this  great  and  influen 
tial  State  a  successful  movement  toward  disunion  would  have 
been  impracticable. 

It  was  not  until  after  the  breaking  up  of  the  Charleston  and 
Baltimore  Conventions,  as  we  have  before  observed,  that  the 
people  of  the  cotton  States,  having  lost  all  hopes  of  security 
and  redress  within  the  Union,  began  seriously  to  determine  to  go 
out  of  it.  By  this  time  they  had  become  thoroughly  indoctri 
nated  with  a  belief  in  the  right  of  secession  ;  and  they  began  to 
think  earnestly  of  putting  it  into  practice. 

Throughout  the  Presidential  canvass,  the  cotton  States 
openly  declared  their  purpose  to  secede  should  Mr.  Lincoln  be 
elected.  In  this  they  were  now  unfortunately  in  earnest.  In 
ominous  contrast  with  their  former  blustering,  they  now  assumed 
a  quiet  and  determined  tone.  ISTo  sound  judging  man,  unless 
blinded  by  prejudice,  could  doubt  their  fixed  resolution,  unless 
the  Republican  party  should  concede  their  equal  rights  within 
the  Territories ;  should  cease  to  assail  slavery  in  the  States ; 
should  repeal  the  personal  liberty  laws  of  Northern  Legislatures, 
and  should  fairly  carry  into  execution  the  Fugitive  Slave  Laws. 
Besides,  they  felt  confident  of  their  power.  Their  territory  was 
larger  and  contained  a  greater  population  than  that  of  the  thir 
teen  original  States  which  had  established  their  independence 
against  the  forces  of  the  British  Empire.  They,  also,  hoped  to 
bring  the  border  slaveholding  States,  which  still  remained  true 
7 


96  ME.  BUCHANAN'S  ADMTNISTBATION 

to  the  Union,  into  their  alliance.  They  knew  that  if  invaded, 
the  Northern  armies,  in  order  to  reach  them,  must  march 
through  these  States,  which  they  hoped  would  deny  a  right  of 
passage  to  the  invaders. 

The  Democratic  party,  justly  appreciating  the  danger,  every 
where  throughout  the  canvass  warned  their  countrymen  of  its 
approach.  The  Republican  party,  on  the  other  hand,  treated 
these  warnings  as  mere  electioneering  expedients,  and  in  deris 
ion  ridiculed  the  Democrats  as  "  Union  savers."  They  confir 
dently  predicted  that  the  threats  of  the  cotton  States  would  end 
in  smoke,  as  they  had  ended  heretofore ;  that  they  would  not 
dare  to  secede ;  but  even  if  they  should,  they  could  within  a 
brief  period  be  reduced  to  obedience  by  the  overwhelming  phys 
ical  power  of  the  North. 

With  strange  inconsistency,  however,  immediately  after  Mr. 
Lincoln's  election  much  was  said  and  written  by  Republicans  in 
the  North  calculated  to  delude  the  cotton  States  into  the  belief 
that  they  might  leave  the  Union  without  serious  opposition. 
The  New  York  "  Tribune,"  deservedly  their  leading  and  most 
influential  journal,  giving  tone  to  its  party  everywhere,  contrib 
uted  much  to  encourage  this  delusion.  It  was  doubtless  actu 
ated  by  hostility  to  a  continued  union  with  slaveholding  States. 
Acting  in  the  spirit  of  the  quotation  already  made  from  the  ora 
tion  of  John  Quincy  Adams  before  the  New  York  Historical 
Society,  it  on  the  9th  of  November,  but  three  days  after  Mr. 
Lincoln's  election,  announced  such  sentiments  as  the  following : 
"  If  the  cotton  States  shall  become  satisfied  that  they  can  do 
better  out  of  the  Union  than  in  it,  we  insist  on  letting  them  go 
in  peace.  The  right  to  secede  may  ~be  a  revolutionary  one,  BUT 
rr  EXISTS  NEVERTHELESS.  '  *  *  *  We  must  ever  resist  the 
right  of  any  State  to  remain  in  the  Union  and  nullify  or  defy  the 
laws  thereof.  To  WITHDRAW  FROM  THE  UNION  is  QUITE  ANOTHER 
MATTER;  and  whenever  a  considerable  section  of  our  Union 
shall  deliberately  resolve  to  go  out,  WE  SHALL  RESIST  ALL  COER 
CIVE  MEASURES  DESIGNED  TO  KEEP  IT  IN.  We  hope  never  to  live 

in  a  Republic  whereof  one  section  is  pinned  to  another  by  bay 
onets." 

And  again  on  the  17th  December,  three  days  before  the 


ON   THE    EVE    OF   THE   REBELLION.  97 

secession  of  South  Carolina :  "  If  it  [the  Declaration  of  Inde 
pendence]  justifies  the  secession  from  the  British  Empire  of  three 
millions  of  colonists  in  1776,  we  do  not  see  why  it  would  not 
justify  the  secession  of  five  millions  of  Southrons  from  the  Fed 
eral  Union  in  1861.  If  we  are  mistaken  on  this  point,  why 
does  not  some  one  attempt  to  show  wherein  and  why  ?  For  our 
own  part,  while  we  deny  the  right  of  slaveholders  to  hold 
slaves  against  the  will  of  the  latter,  we  cannot  see  how  twenty 
millions  of  people  can  rightfully  hold  ten,  or  even  Jive,  in  a  de 
tested  Union  with  them  by  'military  force.  *  *  *  If 
seven  or  eight  contiguous  States  shall  present  themselves  authen 
tically  at  Washington,  saying,  '  "We  hate  the  Federal  Union ;  we 
have  withdrawn  from  it ;  we  give  you  the  choice  between 
acquiescing  in  our  secession  and  arranging  amicably  all  inci 
dental  questions  on  the  one  hand  and  attempting  to  subdue  us 
on  the  other,'  we  could  not  stand  up  for  coercion,  for  subjuga 
tion,  for  we  do  not  think  it  would  l>e  just.  We  hold  the  right 
of  self-government  even  when  invoked  in  "behalf  of  those  who 
deny  it  to  others.  So  much  for  the  question  of  principle." 

In  this  course  the  "  Tribune  "  persisted  from  the  date  of 
Mr.  Lincoln's  election  until  after  his  inauguration,  employing 
such  remarks  as  the  following  :  "  Any  attempt  to  compel  them 
by  force  to  remain  would  be  contrary  to  the  principles  enuncia 
ted  in  the  immortal  Declaration  of  Independence,  contrary  to 
the  fundamental  ideas  on  which  human  liberty  is  based." 

Even  after  the  cotton  States  had  formed  their  confederacy, 
and  adopted  a  provisional  Constitution  at  Montgomery,  on  the 
23d  February,  1861,  it  gave  them  encouragement  to  proceed  in 
the  following  language :  "  We  have  repeatedly  said,  and  we  once 
more  insist,  that  the  great  principle  embodied  by  Jefferson  in 
the  Declaration  of  American  Independence,  that  Governments 
derive  their  just  powers  from  the  consent  of  the  governed,  is 
sound  and  just ;  and  that  if  the  Slave  States,  the  Cotton  States, 
or  the  Gulf  States  only,  choose  to  form  an  independent  nation, 

THEY  HAVE  A  CLEAR   MORAL    RIGHT   TO  DO  SO.        Whenever  it  shall 

1)6  clear  that  the  great  "body  of  Southern  people  have  become  con 
clusively  alienated  from  the  Union,  and  anxious  to  escape  from 

it,  WE  WILL  DO  OUR  BEST  TO  FORWARD  THEIR  VIEWS." 


98  MB.  BUCHANAN'S  ADMINISTRATION 

In  a  similar  spirit,  leading  Republicans  everywhere  scorn 
fully  exclaimed,  "  Let  them  go ; "  "  We  can  do  better  without 
them ; "  "  Let  the  Union  slide,"  and  other  language  of  the  same 
import. 

In  addition  to  all  these  considerations,  the  persistent  refusal 
of  Congress,  from  the  first  until  the  last  hour  of  the  session  of 
1860-'61,  to  take  a  single  step  in  preparing  for  armed  resistance 
to  the  execution  of  the  laws,  served  to  confirm  the  cotton  States 
in  the  opinion  tliat  they  might  "depart  in  peace." 

The  people  of  the  cotton  States,  unfortunately  for  themselves, 
were  also  infatuated  with  the  belief,  until  the  very  last  moment, 
that  in  case  they  should  secede  they  would  be  sustained  by  a 
large  portion  if  not  the  whole  Democratic  party  of  the  North. 
They  vainly  imagined  that  this  party,  which  had  maintained 
their  constitutional  rights  whilst  they  remained  in  the  Union, 
would  sustain  them  in  rebellion  after  they  had  gone  out  of  it. 
In  this  delusion  they  were  also  greatly  encouraged  by  sympa 
thy  and  support  from  influential  and  widely  circulated  Anti- 
Republican  journals  in  the  North,  and  especially  in  the  city  of 
New  York. 

It  was  in  vain,  therefore,  that  the  late  President  warned 
them,  as  he  often  did,  against  this  delusion.  It  was  in  vain  he 
assured  them  that  the  first  cannon  fired  against  either  Fort 
Moultrie  or  Fort  Sumter  would  arouse  the  indignant  spirit  of  the 
North — would  heal  all  political  .divisions  amongst  the  Northern 
people,  and  would  unite  them  as  one  man  in  support  of  a  war 
rendered  inevitable  by  such  an  act  of  rebellion. 


ON  THE   EVE  OF  THE  REBELLION.  99 


CHAPTEK    Y. 

General  Scott's  "Views,"  and  the  encouragement  they  afforded  to  the  cotton  States 
to  secede — Their  publication  by  him  in  the  "National  Intelligencer" — His  recom 
mendation  in  favor  of  four  distinct  Confederacies  —His  recommendation  to  reen- 
force  nine  of  the  Southern  forts,  and  the  inadequacy  of  the  troops — The  reason 
of  thts  inadequacy — The  whole  army  required  on  the  frontiers — The  refusal  of 
Congress  to  increase  it — Our  fortifications  necessarily  left  without  sufficient  gar 
risons  for  want  of  troops — The  President's  duty  to  refrain  from  any  hostile  act 
against  the  cotton  States,  and  smooth  the  way  to  a  compromise — The  rights  of 
those  States  in  no  danger  from  Mr.  Lincoln's  election— Their  true  policy  was  to 
cling  to  the  Union. 

SUCH,  since  the  period  of  Mr.  Lincoln's  election,  having  been 
the  condition  of  the  Southern  States,  the  "  Yiews  "  of  General 
Scott,  addressed  before  that  event  to  the  Secretary  of  War,  on 
the  29th  and  30th  October,  1860,  were  calculated  to  do  much 
injury  in  misleading  the  South.  From  the  strange  inconsisten 
cies  they  involve,  it  would  be  difficult  to  estimate  whether  they 
did  most  harm  in  encouraging  or  in  provoking  secession.  So 
far  as  they  recommended  a  military  movement,  this,  in  order  to 
secure  success,  should  have  been  kept  secret  until  the  hour 
had  arrived  for  carrying  it  into  execution.  The  substance  of 
them,  however,  soon  reached  the  Southern  people.  Neither  the 
headquarters  of  the  army  at  New  York,  nor  .afterwards  in 
Washington,  were  a  very  secure  depository  for  the  "  Yiews," 
even  had  it  been  the  author's  intention  to  regard  them  as  confi 
dential.  That  such  was  not  the  case  may  be  well  inferred  from 
their  very  nature.  Not  confined  to  the  recommendation  of  a 
military  movement,  by  far  the  larger  portion  of  them  consists 
of  a  political  disquisition  on  the  existing  dangers  to  the  Union ; 
on  the  horrors  of  civil  war  and  the  best  means  of  averting  so 
great  a  calamity ;  and  also  on  the  course  which  their  author  had 


100  ME.  BUCHANAN'S  ADMINISTRATION 

resolved  to  pursue,  as  a  citizen,  in  the  approaching  Presidential 
election.  These  were  themes  entirely  foreign  to  a  military  re 
port,  and  equally  foreign  from  the  official  duties  of  the  Com 
manding  General.  Furthermore,  the  "  Views  "  were  published 
to  the  world  by  the  General  himself,  on  the  18th  January,  1861, 
in  the  "  National  Intelligencer,"  and  this  without  the  consent  or 
even  previous  knowledge  of  the  President.  This  was  done  at  a 
critical  moment  in  our  history,  when  the  cotton  States  were 
seceding  one  after  the  other.  The  reason  assigned  by  him  for 
this  strange  violation  of  official  confidence  toward  the  President, 
was  the  necessity  for  the  correction  of  misapprehensions  which 
had  got  abroad,  u  both  in  the  public  prints  and  in  public  speeches," 
in  relation  to  the  "  Yiews." 

The  General  commenced  his  "  Yiews  "  by  stating  that,  "  To 
save  time  the  right  of  secession  may  be  conceded,  and  instantly 
balanced  by  the  correlative  right  on  the  part  of  the  Federal 
Government  against  an  interior  State  or  States  to  reestablish 
by  force,  if  necessary,  its  former  continuity  of  territory."  He 
subsequently  explains  and  qualifies  the  meaning  of  this  phrase 
by  saying  :  "  It  will  be  seen  that  the  '  Yiews '  only  apply  to  a 
case  of  secession  that  makes  a  gap  in  the  present  Union.  The 
falling  off  (say)  of  Texas,  or  of  all  the  Atlantic  States,  from  the 
Potomac  South  [the  very  case  which  has  since  occurred],  was 
not  within  the  scope  of  General  Scott's  provisional  remedies." 
As  if  apprehending  that  by  possibility  it  might  be  inferred  he 
intended  to  employ  force  for  any  other  purpose  than  to  open 
the  way  through  this  gap  to  a  State  beyond,  still  in  the  Union, 
he  disclaims  any  such  construction,  and  says :  "  The  foregoing 
views  eschew  the  idea  of  invading  a  seceded  State."  This  dis 
claimer  is  as  strong  as  any  language  he  could  employ  for  the 
purpose. 

To  sustain  the  limited  right  to  open  the  way  through  the 
gap,  he  cites,  not  the  Constitution  of  the  United  States,  but  the 
last  chapter  of  Paley's  "  Moral  and  Political  Philosophy,"  which, 
however,  contains  no  allusion  to  the  subject. 

The  General  paints  the  horrors  of  civil  war  in  the  most 
gloomy  colors,  and  then  proposes  his  alternative  for  avoiding 
them.  He  exclaims :  "  But  break  this  glorious  Union  by  what- 


ON  THE  EVE  OF  THE  REBELLION.  101 

ever  line  or  lines  that  political  madness  may  contrive,  and  there 
would  be  no  hope  of  reuniting  the  fragments  except  by  the 
laceration  and  despotism  of  the  sword.  To  effect  such  result  the 
intestine  wars  of  our  Mexican  neighbors  would,  in  comparison 
with  ours,  sink  into  mere  child's  play. 

"  A  smaller  evil "  (in  the  General's  opinion)  "  would  be  to 
allow  the  fragments  of  the  great  Republic  to  form  themselves 
into  new  Confederacies,  probably  four." 

Not  satisfied  with  this  general  proposition,  he  proceeds  not 
only  to  discuss  and  to  delineate  the  proper  boundaries  for  these 
new  Confederacies,  but  even  to  designate  capitals  for  the  three 
on  this  side  of x  the  Rocky  Mountains.  We  quote  his  own  lan 
guage  as  follows  : — "  All  the  lines  of  demarcation  between  the 
new  unions  cannot  be  accurately  drawn  in  advance,  but  many 
of  them  approximately  may.  Thus,  looking  to  natural  bounda 
ries  and  commercial  affinities,  some  of  the  following  frontiers, 
after  many  waverings  and  conflicts,  might  perhaps  become  ac 
knowledged  and  fixed : 

"1.  The  Potomac  Eiver  and  the  Chesapeake  Bay  to  the 
Atlantic.  2.  From  Maryland  along  the  crest  of  the  Alleghany 
(perhaps  the  Blue  Ridge)  range  of  mountains  to  some  point  on 
the  coast  of  Florida.  3.  The  line  from,  say  the  head  of  the 
Potomac  to  the  "West  or  Northwest,  which  it  will  be  most  diffi 
cult  to  settle.  4.  The  crest  of  the  Rocky  Mountains." 

"  The  Southeast  Confederacy  would,  in  all  human  probability, 
in  less  than  five  years  after  the  rupture,  find  itself  bounded  by 
the  first  and  second  lines  indicated  above,  the  Atlantic  and  th^ 
Gulf  of  Mexico,  with  its  capital  at  say  Columbia,  South  Caro 
lina.  The  country  between  the  second,  third,  and  fourth  of 
those  lines  would,  beyond  a  doubt,  in  about  the  same  time  con 
stitute  another  Confederacy,  with  its  capital  at  probably  Alton 
or  Quincy,  Illinois.  The  boundaries  of  the  Pacific  Union  are 
the  most  definite  of  all,  and  the  remaining  States  would  consti 
tute  the  Northeast  Confederacy,  with  its  capital  at  Albany.  It, 
at  the  first  thought,  will  be  considered  strange  that  seven  slave- 
holding  States  and  part  of  Virginia  and  Florida  should  be  placed 
(above)  in  a  new  Confederacy  with  Ohio,  Indiana,  Illinois,  etc. 
But  when  the  overwhelming  weight  of  the  great  Northwest  is 


102  ME.  BUCHANAN'S  ADMINISTRATION 

taken  in  connection  with  the  laws  of  trade,  contiguity  of  terri 
tory,  and  the  comparative  indifference  to  free  soil  doctrines  on 
the  part  of -"Western  Virginia,  Kentucky,  Tennessee,  and  Mis 
souri,  it  is  evident  that  but  little  if  any  coercion,  beyond  moral 
force,  would  be  needed  to  embrace  them ;  and  I  have  omitted 
the  temptation  of  the  unwasted  public  lands  which  would  fall 
entire  to  this  Confederacy — an  appanage  (well  husbanded)  suffi 
cient  for  many  generations.  As  to  Missouri,  Arkansas,  and 
Mississippi,  they  would  not  stand  out  a  month.  Louisiana 
would  coalesce  without  much  solicitation,  and  Alabama  with 
West  Florida  would  be  conquered  the  first  winter  from  the  ab 
solute  need  of  Pensacola  for  a  naval  depot." 

According  to  this  arrangement  of  General  Scott,  all  that 
would  be  left  for  "  the  Northeast  Confederacy  "  would  be  the 
New  England  and  Middle  States ;  and  our  present  proud  Capi 
tol  at  Washington,  hallowed  by  so  many  patriotic  associations, 
would  be  removed  to  Albany.* 

It  is  easy  to  imagine  with  what  power  these  "  Yiews,"  pre 
sented  so  early  as  October,  1860,  may  have  been  employed  by 
the  disunion  leaders  of  the  cotton  States  to  convince  the  people 
that  they  might  depart  in  peace.  Proceeding  from  the  Com 
manding  General  of  the  army,  a  citizen  and  a  soldier  so  eminent, 
and  eschewing  as  they  did  the  idea  of  invading  a  seceded  State, 
as  well  as  favoring  the  substitution  of  new  Confederacies  for  the 
old  Union,  what  danger  could  they  apprehend  in  the  formation 
of  a  Southern  Confederacy  ? 

This  portion  of  the  "  Yiews,"  being  purely  -political  and  pros 
pective,  and  having  no  connection  with  military  operations,  was 
out  of  time  and  out  of  place  in  a  report  from  the  Commanding 
General  of  the  Army  to  the  Secretary  of  War.  So,  also,  the 
expression  of  his  personal  preferences  among  the  candidates  then 
before  the  people  for  the  office  of  President.  "  From  a  sense 
of  propriety  as  a  soldier,"  says  the  General,  "  I  have  taken  no 
part  in  the  pending  canvass,  and,  as  always  heretofore,  mean  to 

*  It  is  worthy  of  special  remark  that  General  Scott  in  his  autobiography  recently 
published,  vol.  ii.,  p.  609,  entirely  omits  to  copy  this  part  of  his  views  on  which  we 
have  been  commenting ;  so  also  his  supplementary  views  of  the  next  day,  though 
together  they  constitute  but  one  whole.  He  merely  copies  that  which  relates  to  gar 
risoning  the  Southern  forts. 


ON  THE  EVE  OF  THE  REBELLION.  103 

stay  away  from  the  polls.     My  sympathies,  however,  are  with 
the  Bell  and  Everett  ticket." 

After  all  these  preliminaries,  we  now  proceed  to  a  different 
side  of  the  picture  presented  by  the  General. 

In  the  same  "  Views  "  (the  29th  October,  1860),  he  says  that, 
"  From  a  knowledge  of  our  Southern  population  it  is  my  solemn 
conviction  that  there  is  some  danger  of  an  early  act  of  rashness 
preliminary  to  secession,  viz.,  the  seizure  of  some  or  all  of  the 
following  posts  : — Forts  Jackson  and  St.  Philip,  in  the  Missis 
sippi,  below  New  Orleans,  both  without  garrisons ;  Fort  Morgan, 
below  Mobile,  without  a  garrison ;  Forts  Pickens  and  M'Rea, 
Pensacola  harbor,  with  an  insufficient  garrison  for  one ;  Fort 
Pulaski,  below  Savannah,  without  a  garrison ;  Forts  Moultrie 
and  Sumter,  Charleston  harbor,  the  former  with  an  insufficient 
garrison,  and  the  latter  without  any ;  and  Fort  Monroe,  Hamp 
ton  Roads,  without  a  sufficient  garrison.  In  my  opinion  all 
these  works  should  be  immediately  so  garrisoned  as  to  make  any 
attempt  to  take  any  one  of  them  by  surprise  or  coup  de  main 
ridiculous." 

It  was  his  duty,  as  commanding  general,  to  accompany  this 
recommendation  with  a  practicable  plan  for  garrisoning  these 
forts,  stating  the  number  of  troops  necessary  for  the  purpose; 
the  points  from  which  they  could  be  drawn,  and  the  manner  in 
which  he  proposed  to  conduct  the  enterprise.  Finding  this  to 
be  impossible,  from  the  total  inadequacy  of  the  force  within  the 
President's  power  to 'accomplish  a  military  operation  so  exten 
sive,  instead  of  furnishing  such  a  plan  he  absolves  himself  from  • 
the  task  by  simply  stating  in  his  supplemental  views  of  the  next 
day  (30th  October)  that  "  There  is  one  (regular)  company  at 
Boston,  one  here  (at  the  Narrows),  one  at  Pittsburg,  one  at 
Augusta,  Ga.,  and  one  at  Baton  Rouge — in  all  five  companies, 
only,  within  reach,  to  garrison  or  reenforce  the  forts  mentioned 
in  the  <  Yiews.'  " 

Five  companies  only r,  four  hundred  men,  to  garrison  nine 
fortifications  scattered  over  six  highly  excited  Southern  States. 
This  was  all  the  force  "  within  reach  "  so  as  to  make  any  attempt 
to  taTce  any  one  of  them  l>y  surprise  or  coup  de  main  ridicu 
lous. 


104  ME.  BUCHANAN'S  ADMINISTRATION 

He  even  disparages  the  strength  of  this  small  force  by  apply 
ing  to  it  the  diminutive  adverb  "  only"  or,  in  other  words, 
merely,  barely.  It  will  not  be  pretended  that  the  President 
had  any  power,  under  the  laws,  to  add  to  this  force  by  calling 
forth  the  militia,  or  accepting  the  services  of  volunteers  to  gar 
rison  these  fortifications.  And  the  small  regular  army  were  be 
yond  reach  on  our  remote  frontiers.  Indeed,  the  whole  Ameri 
can  army,  numbering  at  that  time  not  more  than  sixteen  thousand 
effective  men,  would  have  been  scarcely  sufficient.  To  have  at 
tempted  to  distribute  these  five  companies  among  the  eight  forts 
in  the  cotton  States,  and  Fortress  Monroe,  in  Yirginia,  would 
have  been  a  confession  of  weakness,  instead  of  an  exhibition  of 
imposing  and  overpowering  strength.  It  could  have  had  no 
effect  in  preventing  secession,  but  must  have  done  much  to  pro 
voke  it.  It  will  be  recollected  that  these  views,  the  substance 
of  which  soon  reached  the  Southern  States,  were  written  before 
Mr.  Lincoln's  election,  and  at  a  time  when  none  of  the  cotton 
States  had  made  the  first  movement  toward  secession.  Even 
South  Carolina  was  then  performing  all  her  relative  duties, 
though  most  reluctantly,  to  the  Government,  whilst  the  border 
States,  with  Yirginia  in  the  first  rank,  were  still  faithful  and 
true  to  the  Union. 

Under  these  circumstances,  surely  General  Scott  ought  not 
to  have  informed  them  in  advance  that  the  reason  why  he  had 
recommended  this  expedition  was  because,  from  his  knowledge 
of  them,  he  apprehended  they  might  be  guilty  of  an  early  act 
of  rashness  in  seizing  these  forts  before  secession.  This  would 
necessarily  provoke  the  passions  of  the  Southern  people.  Yir 
ginia  was  deeply  wounded  at  the  imputation  against  her  loyalty 
from  a  native  though  long  estranged  son. 

Whilst  one  portion  of  the  "  Yiews,"  as  we  have  already 
seen,  might  be  employed  by  disunion  demagogues  in  convincing 
the  people  of  the  cotton  States  that  they  might  secede  without 
serious  opposition  from  the  North,  another  portion  of  them  was 
calculated  to  excite  their  indignation  and  drive  them  to  extrem 
ities.  From  the  impracticable  nature  of  the  "  Yiews,"  and  their 
strange  and  inconsistent  character,  the  President  dismissed  them 
from  his  mind  without  further  consideration. 


ON  THE  EVE  OF  THE  REBELLION.  105 

It  is  proper  to  inform  the  reader  why  General  Scott  had  five 
companies  only  within  reach  for  the  proposed  service.  This 
was  because  nearly  the  whole  of  our  small  army  was  on  the 
remote  frontiers,  where  it  had  been  continually  employed  for 
years  in  protecting  the  inhabitants  and  the  emigrants  on  their 
way  to  the  far  west,  against  the  attacks  of  hostile  Indians.  At 
no  former  period  had  its  services  been  more  necessary  than 
throughout  the  year  1860,  from  the  great  number  of  these  In 
dians  continually  threatening  or  waging  war  on  our  distant  set 
tlements.  To  employ  the  language  of  Mr.  Benjamin  Stanton, 
of  Ohio,  in  his  report  of  the  18th  February,  1861,  from  the 
military  committee  to  the  House  of  Representatives :  "  The 
regular  army  numbers  only  18,000  men,  when  recruited  to  its 
maximum  strength ;  and  the  whole  of  this  force  is  required 
upon  an  extended  frontier,  for  the  protection  of  the  border  set 
tlements  against  Indian  depredations."  Indeed,  the  whole  of  it 
had  proved  insufficient  for  this  purpose.  This  is  established  by 
the  reports  of  General  Scott  himself  to  the  War  Department. 
In  these  he  urges  the  necessity  of  raising  more  troops,  in  a 
striking  and  convincing  light.  In  that  of  20th  November, 
1857,*  after  portraying  the  intolerable  hardships  and  sufferings 
of  the  army  engaged  in  this  service,  he  says :  "To  mitigate 
these  evils,  and  to  enable  us  to  give  a  reasonable  security  to  our 
people  on  Indian  frontiers,  measuring  thousands  of  miles,  I 
respectfully  suggest  an  augmentation  of  at  least  one  regiment 
of  horse  (dragoons,  cavalry,  or  riflemen)  and  at  least  three  regi 
ments  of  foot  (infantry  or  riflemen).  This  augmentation  would 
not  more  than  furnish  the  reinforcements  now  greatly  needed 
in  Florida,  Texas,  New  Mexico,  California,  Oregon,  "Washington 
Territory,  Kansas,  Nebraska,  and  Minnesota,  leaving  not  a  com 
pany  for  Utah." 

Again,  General  Scott,  in  his  report  of  November  13,  1858, 
says :  \  "  This  want  of  troops  to  give  reasonable  security  to  our 
citizens  in  distant  settlements,  including  emigrants  on  the  plains, 
can  scarcely  be  too  strongly  stated ;  but  I  will  only  add,  that  as 
often  as  we  have  been  obliged  to  withdraw,  troops  from  one  fron- 

*  3  Senate  Documents,  1857-68,  p.  48. 

t  Senate  Executive  Documents,  1858-' 59,  vol.  ii.,  part  3,  p.  761. 


106  MB.  BUCHANAN'S  ADMINISTRATION        % 

tier  in  order  to  reenforce  another,  the  weakened  points  have 
been  instantly  attacked  or  threatened  with  formidable  invasion." 

The  President,  feeling  the  force  of  such  appeals,  and  urged 
by  the  earnest  entreaties  of  the  suffering  people  on  the  frontiers, 
recommended  to  Congress,  through  the  "War  Department,  to 
raise  five  additional  regiments.*  This,  like  all  other  recommen 
dations  to  place  the  country  in  a  proper  state  of  defence,  was 
disregarded.  From  what  has  been  stated  it  is  manifest  that  it 
was  impossible  to  garrison  the  numerous  forts  of  the  United 
States  with  regular  troops.  This  will  account  for  the  destitute 
condition  of  the  nine  forts  enumerated  by  General  Scott,  as  well 
as  of  all  the  rest. 

When  our  system  of  fortifications  was  planned  and  carried 
into  execration,  it  was  never  contemplated  to  provide  garrisons 
for  them  in  time  of  peace.  This  would  have  required  a  large 
standing  army,  against  which  the  American  people  have  ever 
evinced  a  wise  and  wholesome  jealousy.  Every  great  repub 
lic,  from  the  days  of  Caesar  to  Cromwell,  and  from  Cromwell 
to  Bonaparte,  has  been  destroyed  by  armies  composed  of  free 
citizens,  who  had  been  converted  by  military  discipline  into 
veteran  soldiers.  Our  fortifications,  therefore,  when  completed, 
were  generally  left  in  the  custody  of  a  sergeant  and  a  few  sol 
diers.  No  fear  was  entertained  that  they  would  ever  be  seized 
by  the  States  for  whose  defence  against  a  foreign  enemy  they 
had  been  erected. 

Under  these  circumstances  it  became  the  plain  duty  of  the 
President,  destitute  as  he  was  of  military  force,  not  only  to 
refrain  from  any  act  which  might  provoke  or  encourage  the 
cotton  States  into  secession,  but  to  smooth  the  way  for  such  a 
Congressional  compromise  as  had  in  times  past  happily  averted 
danger  from  the  Union.  There  was  good  reason  to  hope  this 
might  still  be  accomplished.  The  people  of  the  slaveholding 
States  must  have  known  there  could  be  no  danger  of  an  actual 
invasion  of  their  constitutional  rights  over  slave  property  from 
any  hostile  action  of  Mr.  Lincoln's  administration.  For  the 
protection  of  these,  they  could  rely  both  on  the  judicial  and  the 
legislative  branches  of  the  Government.  The  Supreme  Court 

*  Senate  Documents,  1857-58,  vol.  iii.,  p.  4. 


OST   THE   EVE   OF  THE   BEBELLION".  107 

had  already  decided  the  Territorial  question  in  their  favor,  and 
it  was  also  ascertained  that  there  would  be  a  majority  in  both 
Houses  of  the  first  Congress  of  Mr.  Lincoln's  term,  sufficient  to 
prevent  any  legislation  to  their  injury.  Thua  protected,  it  would 
be  madness  for  them  to  rush  into  secession. 

Besides,  they  were  -often  warned  and  must  have  known  that 
by  their  separation  from  the  free  States,  these  very  rights  over 
slave  property,  of  which  they  were  so  jealous,  would  be  in  greater 
jeopardy  than  they  had  ever  been  under  the  Government  of  the 
Union.  Theirs  would  then  be  the  only  Government  in  Chris 
tendom  which  had  not  abolished  or  was  not  in  progress  to 
abolish  slavery.  There  would  be  a  strong  pressure  from  abroad 
against  this  institution.  To  resist  this  effectually  would  require 
the  power  and  moral  influence  of  the  Government  of  the  whole 
United  States.  They  ought,  also,  to  have  foreseen,  that  if  their 
secession  should  end  in  civil  war,  whatever  might  be  the  event, 
slavery  would  receive  a  blow  from  which  it  could  never  recover. 
The  true  policy,  even  in  regard  to  the  safety  of  their  domestic 
institution,  was  to  cling  to  the  Union. 


108  ME.  BUCHANAN'S  ADMINISTRATION 


CHAPTEK    VI. 

Mr.  Lincoln's  election  to  the  Presidency — Its  danger  to  the  Union — Warnings  of  the 
President  and  his  trying  position — His  policy  in  the  emergency,  and  the  reasons 
for  it — His  supreme  object  the  preservation  of  the  Union — Meeting  of  Congress, 
and  the  hostility  of  the  two  parties  toward  each  other — The  wrongs  of  the  South — 
How  rash  and  causeless  would  be  rebellion  in  the  Cotton  States — The  right  of  se 
cession  discussed  and  denied  in  the  Message — The  President's  position  defined — 
Question  of  the  power  to  coerce  a  State — Distinction  between  the  power  to  wage 
war  against  a  State,  and  the  power  to  execute  the  laws  against  individuals — Views 
bf  Senator  (now  President)  Johnson,  of  Tennessee— President  Buchanan's  solemn 
appeal  in  favor  of  the  Union — His  estrangement  from  the  secession  leaders — Ces 
sation  of  all  friendly  intercourse  between  him  and  them. 

ON  the  6th  November,  1860,  Abraham  Lincoln  was  elected 
President  of  the  United  States,  and  immediately  thereafter  the 
Legislature  of  South  Carolina  passed  an  Act  for  the  call  of  a 
Convention  to  carry  the  State  out  of  the  Union,  calculating  that 
by  this  precipitate  violence  she  might  force  the  other  cotton 
States  to  follow  in  her  lead. 

Every  discerning  citizen  must  now  have  foreseen  serious  dan 
ger  to  the  Union  from  Mr.  Lincoln's  election.  After  a  struggle 
of  many  years,  this  had  accomplished  the  triumph  of  the  anti- 
slavery  over  the  slaveholding  States,  and  established  two  geo 
graphical  parties,  inflamed  with  malignant  hatred  against  each 
other,  in  despite  of  the  warning  voice  of  Washington.  It  at 
once  became  manifest  that  the  apprehensions  of  civil  war,  aris 
ing  from  this  event,  had  proved  as  disastrous  to  the  business  of 
the  country  as  if  the  struggle  had  actually  commenced.  Al 
though  the  harvests  of  the  year  had  been  abundant,  and  com 
merce  and  manufactures  had  never  been  more  prosperous,  terror 
and  alarm  everywhere  prevailed.  In  the  midst  of  all  the  ele 
ments  of  prosperity,  every  material  interest  was  at  once  greatly 


ON  THE  EVE  OF  THE  REBELLION.  109 

depressed.  "With  a  sound  currency  in  abundance,  the  price  of 
all  public  securities  fell  in  the  market.  The  credit  of  the  Fed 
eral  Government,  which  had  before  stood  so  high,  was  unable 
to  resist  the  shock.  The  small  necessary  4oans  to  meet  the 
previous  appropriations  of  Congress,  could  not  be  obtained 
except  at  ruinous  rates. 

Throughout  more  than  a  quarter  of  a  century  the  late  Pres 
ident,  on  every  fitting  occasion,  had  solemnly  warned  his  coun 
trymen  of  the  approaching  danger,  unless  the  agitation  in  the 
North  against  slavery  in  the  South  should  cease.  Instead  of 
this,  it  still  continued  to  increase,  year  after  year,  with  brief 
intervals  only,  until  it  has  become  at  length  the  unhappy,  though 
unjustifiable  cause,  perhaps  the  criminal  pretext,  for  the  seces 
sion  of  eleven  slaveholding  States  from  the  Confederacy. 

The  President  had  less  than  four  months  to  complete  his 
term  of  office.  The  Democratic  party,  to  which  he  owed  his 
election,  had  been  defeated,  and  the  triumphant  party  had  pur 
sued  his  administration  from  the  beginning  with  a  virulence 
uncommon  even  in  our  history.  His  every  act  had  been  mis 
represented  and  condemned,  and  he  knew  that  whatever  course 
he  might  pursue,  he  was  destined  to  encounter  their  bitter  hos 
tility.  ~No  public  man  was  ever  placed  in  a  more  trying  and 
responsible  position.  Indeed,  it  was  impossible  for  him  to  act 
with  honest  independence,  without  giving  oifence  both  to  the 
anti-slavery  and  secession  parties,  because  both  had  been  clearly 
in  the  wrong.  In  view  of  his  position,  and  after  mature  reflec 
tion,  he  adopted  a  system  of  policy  to  which  ever  afterward, 
during  the  brief  remnant  of  his  term,  he  inflexibly  adhered. 
This  he  announced  and  explained  in  the  annual  message  to 
Congress  of  the  3d  December,  1860,  and  in  the  special  message 
thereafter  of  the  8th  January,  1861. 

The  Cabinet  was  then  composed  of  Lewis  Cass,  of  Michi 
gan,  Secretary  of  State ;  Howell  Cobb,  of  Georgia,  Secretary 
of  the  Treasury  y  John  B.  Floyd,  of  Virginia,  Secretary  of 
War ;  Isaac  Toucey,  of  Connecticut,  Secretary  of  the  Navy ; 
Jacob  Thompson,  of  Mississippi,  Secretary  of  the  Interior ;  Jo 
seph  Holt,  of  Kentucky,  Postmaster-General,  in  the  place  of 


110 

Aaron  Y.  Brown,  of  Tennessee,  deceased ;   and  Jeremiah  S. 
Black,  of  Pennsylvania,  Attorney-General. 

The  annual  message  throughout,  before  it  was  communicated 
to  Congress,  had  been  warmly  approved  by  every  member  of 
the  Cabinet,  except  so  much  of  it  as  denied  the  right  of  seces 
sion,  and  maintained  the  duty  of  defending  the  public  property 
and  collecting  the  revenue  in  South  Carolina,  to  which  Messrs. 
Cobb  and  Thompson  objected.  These  having  now  become  prac 
tical  questions  of  vital  importance,  both  felt  it  would  be  impos 
sible  to  remain  in  the  Cabinet  whilst  holding  opinions  upon 
them  in  opposition  to  the  known  and  settled  convictions  of  the 
President.  They  accordingly  resigned  after  the  meeting  of 
Congress,  remaining  in  office  for  a  brief  period,  to  enable  them 
to  bring  up  and  close  the  ordinary  business  of  their  respective 
departments,  and  thus  clear  the  way  for  their  successors. 

At  this  critical  moment,  and  but  nine  days  after  Congress 
had  assembled,  General  Cass,  on  the  12th  December,  1860,  re 
signed  the  office  of  Secretary  of  State,  notwithstanding  the 
message  had,  but  a  few  days  before,  elicited  from  him  strong 
expressions  of  approbation.  Of  this  resignation  and  the  circum 
stances  preceding  and  following  it,  we  forbear  to  speak,  not 
doubting  it  proceeded  at  the  moment  from  a  sense  of  duty. 
Attorney- General  Black  was,  in  consequence,  appointed  Secre 
tary  of  State,  and  the  vacancy  thereby  created  was  filled  by  the 
appointment  of  Edwin  M.  Stanton  as  Attorney-General. 

Philip  F.  Thomas,  formerly  Governor  of  Maryland,-  and 
then  Commissioner  of  Patents,  was  appointed  Secretary  of  the 
Treasury,  in  place  of  Mr.  Cobb,  who  had  resigned  on  the  8th 
December,  but  he  did  not  long  continue  in  office,  having  also 
resigned  on  the  llth  January,  1861.  The  reason  he  assigned 
was  a  difference  of  opinion  from  the  President  and  a  majority 
of  the  Cabinet  in  regard  to  the  measures  which  had  been  adopted 
against  South  Carolina,  and  the  purpose  of  the  President  to 
enforce  the  collection  of  the  customs  at  the  port  of  Charleston. 
Immediately  thereafter,  the  President  tendered  the  appoint 
ment  of  Secretary  of  the  Treasury  to  General  John  A.  Dix,  of 
New  York,  which  was,  much  to  his  satisfaction,  promptly  ac 
cepted. 


ON   THE   EVE   OF  -THE   REBELLION.  Ill 

The  Interior  Department  remained  vacant  after  the  retire 
ment  of  Mr.  Thompson,  but  its  duties  were  ably  and  faithfully 
performed  by  Moses  Kelly,  the  chief  clerk,  until  the  close  of  the 
administration.  Upon  Mr.  Holt's  transfer,  late  in  December, 
1860,  from  the  Post  Office  to  the  "War  Department,  the  first  As 
sistant  Postmaster-General,  Horatio  King,  of  Maine,  continued 
for  some  time  to  perform  the  duties  of  the  Department  in  a 
highly  satisfactory  manner,  when  he  was  appointed  Postmaster- 
General.  After  these  changes  the  Cabinet  consisted  of  Messrs. 
Black,  Dix,  Holt,  Toucey,  Stanton,  and  King,  who  all  remained 
in  office  until  the  end  of  Mr.  Buchanan's  term. 

The  President  had  earnestly  desired  that  his  "Cabinet  might 
remain  together  until  the  close  of  the  administration.  He  felt 
sensibly  the  necessary  withdrawal  of  some  of  its  members,  after 
all  had  been  so  long  united  in  bonds  of  mutual  confidence  and 
friendship. 

The  President's  policy  was,  first  and  above  all,  to  propose 
and  urge  the  adoption  of  such  a  fair  and  honorable  compro 
mise  as  might  prove  satisfactory  to  all  the  States,  both  North 
and  South,  on  the  question  of  slavery  in  the  Territories,  the  im 
mediate  and  principal  source  of  danger  to  the  Union ;  and  should 
he  fail  to  accomplish  this  object  in  regard  to  the  seven  cotton 
States,  which  there  was  too  much  cause  to  apprehend,  then  to 
employ  all  legitimate  means  to  preserve  and  strengthen  the 
eight  remaining  slave  or  border  States  in  their  undoubted  loy 
alty.  These  States,  he  knewr  in  case  of  need,  might  prove  in 
strumental  in  bringing  back  their  erring  sisters  to  a  sense  of 
duty. 

To  preserve  the  Union  was  the  President's  supreme  object, 
and  he  considered  it  doubtful  whether  it  could  survive  the  shock 
of  civil  war.  He  was  well  aware  that  our  wisest  statesmen  had 
often  warned  their  countrymen,  in  the  most  solemn  terms,  that 
our  institutions  could  not  be  preserved  by  force,  and  could  only 
endure  whilst  concord  of  feeling,  and  a  proper  respect  by  one 
section  for  the  rights  of  another,  should  be  maintained.  Mr. 
Madison  in  this  spirit  had  observed,  in  the  Federal  Convention,* 

*  June  8,  1787.    Sup.  to  Elliot's  Debates,  vol.  v.,  p.  171. 
8 


112  MB.  BUCHANAN'S  ADMINISTRATION 

that  "  Any  Government  for  the  United  States,  formed  upon  the 
supposed  practicability  of  using  force  against  the  unconstitutional 
proceedings  of  the  States,  would  prove  as  visionary  and  fallacious 
as  the  Government  of  [the  old]  Congress."  And  General  Jack 
son,  a  high  authority,  especially  on  such  a  subject,  had  declared 
in  his  Farewell  Address*  (3d  March,  1837),  that  «  the  Constitu 
tion  cannot  be  maintained,  nor  the  Union  preserved,  in  opposi 
tion  to  public  feeling,  by  the  mere  exertion  of  the  coercive 
powers  confided  to  the  General  Government.  The  foundations 
must  be  laid  in  the  affections  of  the  people  ;  in  the  security  it 
gives  to  life,  liberty,  character,  and  property,  in  every  quarter 
of  the  country  ;  and  in  the  fraternal  attachments  which  the  citi 
zens  of  the  several  States  bear  to  one  another,  as  members  of 
one  political  family,  mutually  contributing  to  promote  the  hap 
piness  of  each  other.  Hence  [in  evident  reference*  to  the  slavery 
agitation  in  the  North]  the  citizens  of  every  State  should 
studiously  avoid  every  thing  calculated  to  wound  the  sensibility 
or  offend  the  just  pride  of  the  people  of  other  States  ;  and  they 
should  frown  upon  any  proceedings  within  their  own  borders 
likely  to  disturb  the  tranquillity  of  their  political  brethren  in 
other  portions  of  the  Union." 

The  President,  whilst  admitting  that  Mr.  Madison  and  Gen 
eral  Jackson  may  have  erred  in  these  opinions,  was  convinced 
that  should  a  rebellion  break  out  within  the  seven  cotton  States, 
this  could  not  be  overcome  without  a  long  and  bloody  war. 
From  the  character  of  our  people  and  the  history  of  our  race, 
it  was  evident  that  such  a  war,  on  both  sides,  would  be  earned 
to  desperate  extremities.  These  seven  States  composed  a  con 
tiguous  territory  of  greater  extent  than  the  whole  thirteen  orig 
inal  States,  and  contained  more  than  five  millions  of  people. 
To  vanquish  them  would  require  a  very  large  army  and  an  im 
mense  sacrifice  of  kindred  blood.  No  person  acquainted  with 
history  could  be  blind  to  the  danger  to  which  our  free  institu 
tions  would  be  exposed  from  such  an  army.  History  had  taught 
us  that  every  great  Republic  had  fallen  a  victim  to  military 
power.  Besides,  it  was  morally  certain  that  should  civil  war 
actually  commence,  most  if  not  all  of  the  border  States,  though 

*  2  Statesman's  Manual,  951. 


ON  THE  EVE  OF  THE  REBELLION.  113 

still  adhering  to  the  Union,  would  eventually  be  drawn  into  the 
conflict.  To  prosecute  civil  war  would  require  an  expenditure 
of  hundreds  of  millions  of  dollars.  This  would  entail  an  enor 
mous  debt  on  ourselves  and  our  posterity,  the  interest  on  which 
could  only  be -paid  by  oppressive  taxation.  The  President  knew 
that,  in  the  mean  time,  many  of  the  great  commercial,  manufac 
turing,  artisan,  and  laboring  classes  would  be  exposed  to  abso 
lute  ruin.  It  was  therefore  his  supreme  desire  to  employ  all 
the  constitutional  means  in  his  power  to  avert  these  impending 
calamities. 

In  the  midst  of  these  portentous  circumstances,  both  present 
and  prospective,  Congress  met  on  the  first  Monday  of  December, 
1860,  and  the  President  on  the  next  day  transmitted  to  them 
his  annual  message.  The  opposing  parties,  instead  of  presenting 
the  peaceful  aspect  becoming  the  Representatives  of  a  great  Con 
federacy  assembled  to  promote  the  various  interests  of  their  con 
stituents,  breathed  nothing  but  mutual  defiance.  There  was'no 
longer  any  social  or  friendly  intercourse  between  the  Pro-Slavery 
and  Anti- Slavery  members.  South  Carolina  had  called  a  Con 
vention  for  the  avowed  purpose  of  adopting  a  secession  ordi 
nance  ;  and  the  other  cotton  States  were  preparing  to  follow  her 
example. 

Such  was  the  situation  at  the  meeting  of  Congress,  and  it 
was  most  unfortunate  that  but  few  individuals  in  the  Northern 
States  justly  appreciated  the  extent  and  magnitude  of  the  dan 
ger.  These  facts  stared  every  unprejudiced  observer  in  the  face. 
The  danger  was  upon  us,  and  how  to  remove  it  was  a  question 
for  enlightened  and  patriotic  statesmanship.  The  stake  involved 
was  no  less  than  the  peace  and  perpetuity  of  the  Union.  The 
evil  could  not  be  averted  by  any  argument,  however  conclusive, 
against  the  right  of  a  State  peacefully  to  secede  from  the  Union. 
This  dangerous^  heresy  had  taken  thorough  possession  of  the 
Southern  mind,  and  the  seven  cotton  States  were  acting  and 
preparing  to  act  in  accordance  with  it.  'There  was  but  one 
mode  of  arresting  their  headlong  career,  and  this  was  promptly 
to  recognize  their  rights  over  slave  property  in  the  Territo 
ries,  as  they  existed  under  the  decision  of  the  Supreme  Court. 
If  the  North  should  refuse  to  do  this  and  reject  any  compro- 


114  ME.  BUCHANAN'S  ADMINISTRATION 

mise,  the  secession  of  the  cotton  States  would  be  inevitable. 
Apart  from  the  factitious  importance  with  which  party  spirit 
had  invested  the  question,  it  was  little  more  in  point  of  fact  than 
a  mere  abstraction.  The  recognition  of  the  decision  of  the  Su 
preme  Court  on  the  part  of  Congress,  would  not  have  added  a 
single  slave  or  a  single  slave  State  to  the  number  already  exist 
ing.  The  natural  and  irreversible  laws  of  climate  would  prove 
an  insurmountable  barrier  against  the  admission  of  any  of  our 
Territories  as  a  slave  State  into  the  Union. 

The  President,  therefore,  in  his  annual  message  of  3d  Decem 
ber,  1860,  appealed  to  Congress  to  institute  an  amendment  to  the 
Constitution  recognizing  the  rights  of  the  Southern  States  in  re 
gard  to  slavery  in  the  Territories.  But  before  we  proceed  to 
give  the  history  and  the  fate  of  this  recommendation,  it  is  neces 
sary  to  revert  to  previous  portions  of  the  message,  in  which  he 
endeavored  to  hold  the  balance  fairly  between  the  North  and  the 
South. 

And  first  in  respect  to  the  wrongs  which  the  South  had  suf 
fered,  he  says :  "  The  long-continued  and  intemperate  interfer 
ence  of  the  Northern  people  with  the  question  of  slavery  in  the 
Southern  States,  has  at  length  produced  its  natural  effects.  The 
different  sections  of  the  Union  are  now  arrayed  against  each 
other,  and  the  time  has  arrived,  so  much  dreaded  by  the  Father 
of  his  Country,  when  hostile  geographical  parties  have  been 
formed. 

"  I  have  long  foreseen,  and  often  forewarned  my  country 
men  of  the  now  impending  danger.  This  does  not  proceed 
solely  from  the  claim  on  the  part  of  Congress  or  the  Territorial 
Legislatures  to  exclude  slavery  from  the  Territories,  nor  from 
the  efforts  of  different  States  to  defeat  the  execution  of  the 
fugitive  slave  law. 

"  All  or  any  of  these  evils  might  have  been  endured  by  the 
South,  without  danger  to  the  Union  (as  others  have  been),  in  the 
hope  that  time  and  reflection  might  apply  the  remedy.  The  im 
mediate  peril  arises,  not  so  much  from  these  causes,  as  from  the  fact 
that  the  incessant  and  violent  agitation  of  the  slavery  question 
throughout  the  North,  for  the  last  quarter  of  a  century,  has  at 
length  produced  its  malign  influence  on  the  slaves,  and  inspired 


ON  THE  EVE  OF  THE  REBELLION.  115 

them  with  vague  notions  of  freedom.  Hence  a  sense  of  security 
no  longer  exists  around  the  family  altar.  This  feeling  of  peace 
at  home  has  given  place  to  apprehensions  of  servile  insurrections. 
Many  a  matron  throughout  the  South  retires  at  night  in  dread 
of  what  may  befall  herself  and  her  children  before  the  morning. 
Should  this  apprehension  of  domestic  danger,  whether  real  or 
imaginary,  extend  and  intensify  itself  until  it  shall  pervade  the 
masses  of  the  Southern  people,  then  disunion  will  become  inevi 
table.  Self-preservation  is  the  first  law  of  nature,  and  has  been 
implanted  in  the  heart  of  man  by  his  Creator  for  the  wisest  pur 
pose;  and  no  political  union,  however  fraught  with  blessings 
and  benefits  in  all  other  respects,  can  long  continue,  if  the  neces 
sary  consequence  be  to  render  the  homes  and  the  firesides  of 
nearly  half  the  parties  to  it  habitually  and  hopelessly  insecure. 
Sooner  or  later  the  bonds  of  such  a  Union  must  be  severed.  It 
is  my  conviction  that  this  fatal  period  has  not  yet  arrived;  and 
my  prayer  to  God  is,  that  he  would  preserve  the  Constitution 
and  the  Union  throughout  all  generations. 

"  But  let  us  take  warning  in  time  and  remove  the  cause  of 
danger.  It  cannot  be  denied  that  for  five  and  twenty  years  the 
agitation  at  the  North  against  slavery  has  been  incessant.  In 
1835,  pictorial  handbills  and  inflammatory  appeals  were  circu 
lated  extensively  throughout  the  South,  of  a  character  to  excite 
the  passions  of  the  slaves,  and,  in  the  language  of  General  Jack 
son,  'to  stimulate  them  to  insurrection  and  produce  all  the 
horrors  of  a  servile  war.' 

.  "  This  agitation  has  ever  since  been  continued  by  the  public 
press,  by  the  proceedings  of  State  and  County  Conventions,  and 
by  abolition  sermons  and  lectures.  The  time  of  Congress  has 
been  occupied  in  violent  speeches  on  this  never-ending  subject ; 
and  appeals,  in  pamphlet  and  other  forms,  indorsed  by  distin 
guished  names,  have  been  sent  forth  from  this  central  point  and 
spread  broadcast  over  the  Union. 

"  How  easy  would  it  be  for  the  American  people  to  settle  the 
slavery  question  forever,  and  to  restore  peace  and  harmony  to 
this  distracted  country !  They,  and  they  alone,  can  do  it.  All 
that  is  necessary  to  accomplish  the  object,  and  all  for  which  the 
slave  States  have  ever  contended,  is  to  be  let  alone  and  permit- 


116  MB.  BUCHANAN'S  ADMINISTRATION 

ted  to  manage  their  domestic  institutions  in  their  own  way. 
As  sovereign  States,  they  and  they  alone  are  responsible  before 
God  and  the  world  for  the  slavery  existing  among  them.  For 
this  the  people  of  the  North  are  not  more  responsible,  and  have 
no  more  right  to  interfere,  than  with  similar  institutions  in  Rus 
sia  or  in  Brazil.  Upon  their  good  sense  and  patriotic  forbear 
ance,  I  confess,  I  still  greatly  rely.  Without  their  aid  it  is  be 
yond  the  power  of  any  President,  no  matter  what  may  be  his 
own  political  proclivities,  to  restore  peace -and  harmony  among 
the  States.  Wisely  limited  and  restrained  as  is  his  power  under 
our  Constitution  and  laws,  he  alone  can  accomplish  but  lime 
for  good  or  for  evil  on  such  a  momentous  question." 

The  President  then  proceeded  to  show  how  rash  and  cause 
less  would  be  the  action  of  the  cotton  States,  should  they  rise 
in  revolutionary  resistance  against  the  Federal  Government,  at 
a  time  when  their  rights  were  in  no  real  danger,  either  from  the 
election  or  administration  of  Mr.  Lincoln.  He  says :  "  And 
this  brings  me  to  observe,  that  the  election  of  any  one  of  our 
fellow-citizens  to  the  office  of  President  does  not  of  itself  afford 
just  cause  for  dissolving  the  Union.  This  is  more  especially 
true  if  his  election  has  been  effected  by  a  mere  plurality  and 
not  a  majority  of  the  people,  and  has  resulted  from  transient 
and  temporary  causes,  which  may  probably  never  again  occur. 
In  order  to  justify  a  resort  to  revolutionary  resistance,  the  Fed 
eral  Government  must  be  guilty  of  '  a  deliberate,  palpable,  and 
dangerous  exercise '  of  powers  not  granted  by  the  Constitution. 
The  late  Presidential  election,  however,  has  been  held  in  strict 
conformity  with  its  express  provisions.  How,  then,  can  the 
result  justify  a  revolution  to  destroy  this  very  Constitution  ? 
Reason,  justice,  a  regard  for  the  Constitution,  all  require  that 
we  shall  wait  for  some  overt  and  dangerous  act  on  the  part  of 
the  President  elect,  before  resorting  to  such  a  remedy.  It  is 
said,  however,  that  the  antecedents  of  the  President  elect  have 
been  sufficient  to  justify  the  fears  of  the  South  that  he  will  at 
tempt  to  invade  their  constitutional  rights.  But  are  such  appre 
hensions  of  contingent  danger  in  the  future  sufficient  to  justify 
the  immediate  destruction  of  the  noblest  system  of  government 
ever  devised  by  mortals  ?  From  the  very  nature  of  his  office, 


ON  THE  EVE  OF  THE  BEBELLKXN".  117 

and  its  high  responsibilities,  he  must  necessarily  be  conserva 
tive.  The  stern  duty  of  administering  the  vast  and  complicated 
concerns  of  this  Government,  affords  in  itself  a  guarantee  that 
he  will  not  attempt  any  violation  of  a  clear  constitutional 
right. 

"  After  all,  he  is  no  more  than  the  chief  executive  officer  of 
the  Government.  His  province  is  not  to  make  but  to  execute 
the  laws,  and  it  is  a  remarkable  fact  in  our  history  that,  not 
withstanding  the  repeated  efforts  of  the  Anti-Slavery  party,  no 
single  act  has  ever  passed  Congress,  unless  we  may  possibly  ex 
cept  the  Missouri  Compromise,  impairing  in  the  slightest  degree 
the  rights  of  the  South  to  their  property  in  slaves.  And  it 
may  also  be  observed,  judging  from  present  indications,  that  no 
probability  exists  of  the  passage  of  such  an  act  by  a  majority 
of  both  Houses,  either  in  the  present  or  the  next  Congress. 
Surely,  under  these  circumstances,  we  ought  to  be  restrained 
from  present  action  by  the  precept  of  Him  who  spake  as  man 
never  spoke,  that  '  sufficient  unto  the  day  is  the  evil  thereof.' 
The  day  of  evil  may  never  come  unless  we  shall  rashly  bring  it 
upon  ourselves. 

"  It  is  alleged  as  one  cause  for  immediate  secession,  that  the 
Southern  States  are  denied  equal  rights  with  the  other  States  in 
the  common  Territories.  But  by  what  authority  are  these  de 
nied  ?  Not  by  Congress,  which  has  never  passed,  and  I  believe 
never  will  pass,  any  act  to  exclude  slavery  from  these  Territories. 
And  certainly  not  by  the  Supreme  Court,  which  has  solemnly 
decided  that  slaves  are  property,  and  like  all  other  property 
their  owners  have  a  right  to  take  them  into  the  common  Ter 
ritories  and  hold  them  there  under  the  protection  of  the  Consti 
tution. 

"  So  far,  then,  as  Congress  is  concerned,  the  objection  is  not 
to  any  thing  they  have  already  done,  but  to  what  they  may  do 
hereafter.  It  will  surely  be  admitted  that  this  apprehension  of 
future  danger  is  no  good  reason  for  an  immediate  dissolution  of 
the  Union.  It  is  true  that  the  Territorial  Legislature  of  Kansas, 
on  the  23d  February,  1860,  passed  in  great  haste  an  act  over  the 
veto  of  the  governor,  declaring  that  slavery  '  is  and  shall  be  for 
ever  prohibited  in  this  Territory,'  Such  an  act,  however,  plainly 


118  MB.  BUCHANAN'S  ADMINISTRATION 

violating  the  rights  of  property  secured  by  the  Constitution,  will 
surely  be  declared  void  by  the  judiciary,  whenever  it  shall  be 
presented  in  a  legal  form. 

"  Only  three  days  after  my  inauguration  the  Supreme  Court 
'  of  the  United  States  solemnly  adjudged  that  this  power  did  not 
exist  in  a  Territorial  Legislature.  Yet  such  has  been  the  factious 
temper  of  the  times  that  the  correctness  of  this  decision  has  been 
extensively  impugned  before  the  people,  and  the  question  has 
given  rise  to  angry  political  conflicts  throughout  the  country. 
Those  who  have  appealed  from  this  judgment  of  our  highest 
constitutional  tribunal  to  popular  assemblies,  would,  if  they 
could,  invest  a  Territorial  Legislature  with  power  to  annul  the 
sacred  rights  of  property.  This  power  Congress  is  expressly 
forbidden  by  the  Federal  Constitution  to  exercise.  Every  State 
Legislature  in  the  Union  is  forbidden  by  its  own  Constitution  to 
exercise  it.  It  cannot  be  exercised  in  any  State  except  by  the 
people  in  their  highest  sovereign  capacity  when  framing  or 
amending  their  State  Constitution.  In  like  manner  it  can  only 
be  exercised  by  the  people  of  a  Territory,  represented  in  a  con 
vention  of  delegates  for  the  purpose  of  framing  a  constitution 
preparatory  to  admission  as  a  State  into  the  Union.  Then, 
and  not  until  then,  are  they  invested  with  power  to  decide  the 
question  whether  slavery  shall  or  shall  not  exist  within  their 
limits.  This  is  an  act  of  sovereign  authority  and  not  of  subor 
dinate  territorial  legislation.  Were  it  otherwise,  then  indeed 
would  the  equality  of  the  States  in  the  Territories  be  destroyed, 
and  the  rights  of  property  in  slaves  would  depend  not  upon  the 
guarantees  of  the  Constitution,  but  upon  the  shifting  majorities 
of  an  irresponsible  Territorial  Legislature.  Such  a  doctrine,  from 
its  intrinsic  unsoundness,  cannot  long  influence  any  considera 
ble  portion  of  our  people,  much  less  can  it  afibrd  a  good  reason 
for  a  dissolution  of  the  Union. 

"The  most  palpable  violations  of  constitutional  duty  which 
have  yet  been  committed  consist  in  the  acts  of  different  State 
Legislatures  to  defeat  the  execution  of  the  fugitive  slave  law.  It 
ought  to  be  remembered,  however,  that  for  these  acts  neither 
Congress  nor  any  President  can  justly  be  held  responsible. 
Having  been  passed  in  violation  of  the  Federal  Constitution, 


'•  V  ON  THE  EVE  OF  THE  REBELLION.  119 

they  are  therefore  null  and  void.  All  the  courts,  both  State  and 
national,  before  whom  the  question  has  arisen,  have,  from  the 
beginning,  declared  the  fugitive  slave  law  to  be  constitutional. 
The  single  exception  is  that  of  a  State  court  in  Wisconsin  ;  and 
this  has  not  only  been  reversed  by  the  proper  appellate  tribunal, 
but  has  met  with  such  universal  reprobation,  that  there  can  be 
no  danger  from  it  as  a  precedent.  The  validity  of  this  law  has 
been  established  over  and  over  again  by  the  Supreme  Court  of 
the  United  States  with  perfect  unanimity.  It  is  founded  upon 
an  express  provision  of  the  Constitution,  requiring  that  fugitive 
slaves  who  escape  from  service  in  one  State  to  another  shall  be 
'  delivered  up '  to  their  masters.  Without  this  provision  it  is  a 
well-known  historical  fact  that  the  Constitution  itself  could  never 
have  been  adopted  by  the  Convention.  In  one  form  or  other 
under  the  acts  of  1793  and  1850,  both  being  substantially  the 
same,  the  fugitive  slave  law  has  been  the  law  of  the  land  from 
the  days  of  Washington  until  the  present  moment.  Here,  then, 
a  clear  case  is  presented,  in  which  it  will  be  the  duty  of  the  next 
President,  as  it  has  been  my  own,  to  act  with  vigor  in  executing 
this  supreme  law  against  the  conflicting  enactments  of  State 
Legislatures.  Should  he  fail  in  the  performance  of  this  high 
duty,  he  will  then  have  manifested  a  disregard  of  the  Constitu 
tion  and  laws,  to  the  great  injury  of  the  people  of  nearly  one- 
half  of  the  States  of  the  Union.  But  are  we  to  presume  in 
advance  that  he  will  thus  violate  his  duty  ?  This  would  be  at 
war  with  every  principle  of  justice  and  of  Christian  charity. 
Let  us  wait  for  the  overt  act.  The  fugitive  slave  law  has  been 
carried  into  execution  in  every  contested  case  since  the  com 
mencement  of  the  present  administration ;  though  often,  it  is  to 
be  regretted,  with  great  loss  and  inconvenience  to  the  master, 
and  with  considerable  expense  to  the  Government.  Let'  us 
trust  that  the  State  Legislatures  will  repeal  their  unconstitu 
tional  and  obnoxious  enactments.  Unless  this  shall  be  done 
without  unnecessary  delay,  it  is  impossible  for  any  human  power 
to  save  the  Union. 

"  The  Southern  States,  standing  on  the  basis  of  the  Constitu 
tion,  have  a  right  to  demand  this  act  of  justice  from  the  States 
of  the  North.  Should  it  be  refused,  then  the  Constitution,  to 


120  ME.  BUCHANAN'S  ADMINISTRATION 

which  all  the  States  are  parties,  will  have  been  wilfully  violated 
by  one  portion  of  them  in  a  provision  essential  to  the  domestic 
security  and  happiness  of  the  remainder.  In  that  event,  the 
injured  States,  after  having  first  used  all  peaceful  and  constitu 
tional  means  to  obtain  redress,  would  be  justified  in  revolution 
ary  resistance  to  the  Government  of  the  Union." 

Having  thus  disposed  of  the  question  of  revolutionary  re 
sistance,  the  message  proceeds  to  discuss  the  right  of  peaceful 
secession  from  the  Union  claimed  by  the  Southern  States  in 
their  sovereign  character.  It  proceeds  : 

"  I  have  purposely  confined  my  remarks  to  revolutionary  re 
sistance,  because  it  has  been  claimed  within  the  last  few  years 
that  any  State,  whenever  this  shall  be  its  sovereign  will  and 
pleasure,  may  secede  from  ^he  Union  in  accordance  with  the 
Constitution,  and  without  any  violation  of  the  constitutional 
rights  of  the  other  members  of  the  Confederacy.  That  as  each 
became  parties  to  the  Union  by  the  vote  of  its  own  people 
assembled  in  convention,  so  any  one  of  them  may  retire  from 
the  Union  in  a  similar  manner  by  the  vote  of  such  a  conven 
tion. 

"  In  order  to  justify  secession  as  a  constitutional  remedy,  it 
must  be  on  the  principle  that  the  Federal  Government  is  a  mere 
voluntary  association  of  States,  to  be  dissolved  at  pleasure  by 
any  one  of  the  contracting  parties.  If  this  be  so,  the  Confed 
eracy  is  a  rope  of  sand,  to  be  penetrated  and  dissolved  by  the 
first  adverse  wave  of  public  opinion  in  any  of  the  States.  In 
this  manner  our  thirty-three  States  may  resolve  themselves  into 
as  many  petty,  jarring,  and  hostile  republics,  each  one  retiring 
from  the  Union  without  responsibility  whenever  any  sudden  ex 
citement  might  impel  them  to  such  a  course.  By  this  process 
a  Union  might  be  entirely  broken  into  fragments  in  a  few  weeks, 
which  cost  our  forefathers  many  years  of  toil,  privation,  and 
blood  to  establish. 

"  Such  a  principle  is  wholly  inconsistent  with  the  history  as 
well  as  the  character  of  the  Federal  Constitution.  After  it  was 
framed  with  the  greatest  deliberation  and  care,  it  was  submitted 
to  conventions  of  the  people  of  the  several  States  for  ratification. 
Its  provisions  were  discussed  at  length  in  these  bodies,  com- 


ON"  THE   EVE   OF  THE   REBELLION.  121 

posed  of  the  first  men  of  the  country.  Its  opponents  contended 
that  it  conferred  powers  upon  the  Federal  Government  danger 
ous  to  the  rights  of  the  States,  whilst  its  advocates  maintained 
that,  under  a  fair  construction  of  the  instrument,  there  was  no 
foundation  for  such  apprehensions.  In  that  mighty  struggle 
between  the  first  intellects  of  this  or  any  other  country,  it  never 
occurred  to  any  individual,  either  among  its  opponents  or  advo 
cates,  to  assert  or  even  to  intimate  that  their  efforts  were  all  vain 
labor,  because  the  moment  that  any  State  felt  herself  aggrieved 
she  might  secede  from  the  Union.  What  a  crushing  argument 
would  this  have  proved  against  those  who  dreaded  that  the  rights 
of  the  States  would  be  endangered  by  the  Constitution.  The 
truth  is,  that  it  was  not  until  some  years  after  the  origin  of  the 
Federal  Government  that  such  a  proposition  was  first  advanced. 
It  was  afterwards  met  and  refuted  by  the  conclusive  arguments  of 
General  Jackson,  who,  in  his  message  of  the  16th  January,  1833, 
transmitting  the  nullifying  ordinance  of  South  Carolina  to  Con 
gress,  employs  the  following  language  :  £  The  right  of  the  peo 
ple  of  a  single  State  to  absolve  themselves  at  will  and  without 
the  consent  of  the  other  States  from  their  most  solemn  obliga 
tions,  and  hazard  the  liberty  and  happiness  of  the  millions  com 
posing  this  Union,  cannot  be  acknowledged.  Such  authority 
is  believed  to  be  utterly  repugnant  both  to  the  principles  upon 
which  the  General  Government  is  constituted,  and  to  the  objects 
which  it  was  expressly  formed  to  attain.' 

"  It  is  not  pretended  that  any  clause  in  the  Constitution 
gives  countenance  to  such  a  theory.  It  is  altogether  founded 
upon  inference,  not  from  any  language  contained  in  the  instru 
ment  itself,  but  from  the  sovereign  character  of  the  ^several 
States  by  which  it  was  ratified.  But  is  it  beyond  the  power  of 
a  State,  like  an  individual,  to  yield  a  portion  of  its  sovereign 
rights  to  secure  the  remainder  ?  In  the  language  of  Mr.  Madi 
son,  who  has  been  called  the  father  of  the  Constitution,  i  It  was 
formed  by  the  States — that  is,  by  the  people  in  each  of  the 
States  acting  in  their  highest  sovereign  capacity,  and  formed 
consequently  by  the  same  authority  which  formed  the  State 
constitutions.'  c  Nor  is  the  Government  of  the  United  States, 
created  by  the  Constitution,  less  a  Government,  in  the  strict 


122  MB.  BUCHANAN'S  ADMINISTRATION 

sense  of  the  term,  within  the  sphere  of  its  powers,  than  the 
governments  created  by  the  constitutions  of  the  States  are 
within  their  several  spheres.  It  is,  like  them,  organized  into 
legislative,  executive,  and  judiciary  departments.  It  operates, 
like  them,  directly  on  persons  and  things ;  and,  like  them,  it 
has  at  command  a  physical  force  for  executing  the  powers  com 
mitted  to  it.' 

"  It  was  intended  to  be  perpetual,  and  not  to  be  annulled  at 
the  pleasure  of  any  one  of  the  contracting  parties.  The  old 
Articles  of  Confederation  were  entitled  '  Articles  of  Confedera 
tion  and  Perpetual  Union  between  the  States ; '  and  by  the  thir 
teenth  article  it  is  expressly  declared  that  '  the  articles  of  this 
confederation  shall  be  inviolably  observed  by  every  State,  and 
the  Union  shall  be  perpetual.'  The  preamble  to  the  Constitu 
tion  of  the  United  States,  having  express  reference  to  the  Arti 
cles  of  Confederation,  recites  that  it  was  established  *  in  order  to 
form  a  more  perfect  union.'  And  yet  it  is  contended  that  this 
'  more  perfect  union'  does  not  include  the  essential  attribute  of 
perpetuity. 

"  But  that  the  Union  was  designed  to  be  perpetual,  appears 
conclusively  from  the  nature  and  extent  of  the  powers  conferred 
by  the  Constitution  on  the  Federal  Government.  These  powers 
embrace  the  very  highest  attributes  of  national  sovereignty. 
They  place  both  the  sword  and  the  purse  under  its  control. 
Congress  has  power  to  make  war  and  to  make  peace  ;  to  raise 
and  support  armies  and  navies,  and  to  conclude  treaties  with 
foreign  governments.  It  is  invested  with  the  power  to  coin 
money,  and  to  regulate  the  value  thereof,  and  to  regulate  com 
merce  with  foreign  nations  and  among  the  several  States.  It  is 
not  necessary  to  enumerate  the  other  high  powers  which  have 
been  conferred  upon  the  Federal  Government.  In  order  to 
carry  the  enumerated  powers  into  effect,  Congress  possesses  the 
exclusive  right  to  lay  and  collect  duties  on  imports,  and,  in  com 
mon  with  the  States,  to  lay  and  collect  all  other  taxes. 

"  But  the  Constitution  has  not  only  conferred  these  high 
powers  upon  Congress,  but  it  has  adopted  effectual  means  to 
restrain  the  States  from  interfering  with  their  exercise.  For 
that  purpose  it  has  in  strong  prohibitory  language  expressly  de- 


Off  THE  EVE  OF  THE  REBELLION.  123 

elared  that  'no  State  shall  enter  into  any  treaty,  alliance, 
or  confederation  •  grant  letters  of  marque  and  reprisal ;  coin 
money ;  emit  bills  of  credit ;  make  any  thing  but  gold  and  sil 
ver  coin  a  tender  in  payment  of  debts  ;  pass  any  bill  of  attain 
der,  ex  post  facto  law,  or  law  impairing  the  obligation  of  con 
tracts.'  Moreover,  c  without  the  consent  of  Congress  no  State 
shall  lay  any  imposts  or  duties  on  any  imports  or  exports,  ex 
cept  what  may  be  absolutely  necessary  for  executing  its  inspec 
tion  laws,'  and  if  they  exceed  this  amount,  the  excess  shall  be 
long  to  the  United  States.  And  c  no  State  shall,  without  the 
consent  of  Congress,  lay  any  duty  of  tonnage,  keep  troops  or 
ships  of  war  in  time  of  peace,  enter  into  any  agreement  or  com 
pact  with  another  State,  or  with  a  foreign  power,  or  engage  in 
war,  unless  actually  invaded  or  in  such  imminent  danger  as  will 
not  admit  of  delay.' 

"  In  order  still  further  to  secure  the  uninterrupted  exercise 
of  these  high  powers  against  State  interposition,  it  is  provided 
4  that  this  Constitution  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  treaties  made  or 
which  shall  be  made  under  the  authority  of  the  United  States, 
shall  be  the  supreme  law  of  the  land  ;  and  the  judges  in  every 
State  shall  be  bound  thereby,  any  thing  in  the  Constitution  or 
laws  of  any  State  to  the  contrary  notwithstanding.' 

"  The  solemn  sanction  of  religion  has  been  superadded  to 
the  obligations  of  official  duty,  and  all  Senators  and  Kepresent- 
atives  of  the  United  States,  all  members  of  State  Legislatures, 
and  all  executive  and  judicial  officers,  'both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  oath  or  affir 
mation  to  support  this  Constitution.' 

"  In  order  to  carry  into  eifect  these  powers,  the  Constitution 
has  established  a  perfect  Government  in  all  its  forms,  legislative, 
executive,  and  judicial ;  and  this  Government  to  the  extent  of 
its  powers  acts  directly  upon  the  individual  citizens  of  every 
State,  and  executes  its  own  decrees  by  the  agency  of  its  own 
officers.  In  this  respect  it  differs  entirely  from  the  Government 
under  the  old  confederation,  which  was  confined  to  making 
requisitions  on  the  States  in  their  sovereign  character.  This  left 
it  in  the  discretion  of  each  whether  to  obey  or  to  refuse,  and 


124 

they  often  declined  to  comply  with  such  requisitions.  It  thus 
became  necessary,  for  the  purpose  of  removing  this  barrier,  and 
'  in  order  to  form  a  more  perfect  union,'  to  establish  a  Govern 
ment  which  could  act  directly  upon  the  people  and  execute  its 
own  laws  without  the  intermediate  agency  of  the  States.  This 
has  been  accomplished  by  the  Constitution  of  the  United  States. 
In  short,  the  Government  created  by  the  Constitution,  and  de 
riving  its  authority  from  the  sovereign  people  of  each  of  the 
several  States,  has  precisely  the  same  right  to  exercise  its  power 
over  the  people  of  all  these  States  in  the  enumerated  cases,  that 
each  one  of  them  possesses  over  subjects  not  delegated  to  the 
United  States,  but  '  reserved  to  the  States  respectively  or  to  the 
people.' 

"  To  the  extent  of  the  delegated  powers  the  Constitution  of 
the  United  States  is  as  much  a  part  of  the  constitution  of  each 
State,  and  is  as  binding  upon  its  people,  as  though  it  had  been 
textually  inserted  therein. 

"  This  Government,  therefore,  is  a  great  and  powerful  Gov 
ernment,  invested  with  all  the  attributes  of  sovereignty  over  the 
special  subjects  to  which  its  authority  extends.  Its  framers 
never  intended  to  implant  in  its  bosom  the  seeds  of  its  own 
destruction,  nor  were  they  at  its  creation  guilty  of  the  absurdity 
of  providing  for  its  own  dissolution.  It  was  not  intended  by  its 
framers  to  be  the  baseless  fabric  of  a  vision,  which,  at  the  touch 
of  the  enchanter,  would  vanish  into  thin  air,  but  a  substantial 
and  mighty  fabric,  capable  of  resisting  the  slow  decay  of  time, 
and  of  defying  the  storms  of  ages.  Indeed,  well  may  the  jeal 
ous  patriots  of  that  day  have  indulged  fears  that  a  Government 
of  such  high  powers  might  violate  the  reserved  rights  of  the 
States,  and  wisely  did  they  adopt  the  rule  of  a  strict  construc 
tion  of  these  powers  to  prevent  the  danger.  But  they  did  not 
fear,  nor  had  they  any  reason  to  imagine  that  the  Constitution 
would  ever  be  so  interpreted  as  to  enable  any  State  by  her  own 
act,  and  without  the  consent  of  her  sister  States,  to  discharge 
her  people  from  all  or  any  of  their  federal  obligations. 

"  It  may  be  asked,  then,  are  the  people  of  the  States  with 
out  redress  against  the  tyranny  and  oppression  of  the  Federal 
Government  ?  By  no  means.  The  right  of  resistance  on  the 


ON  THE  EVE  OF  THE  REBELLION.  125 

part  of  the  governed  against  the  oppression  of  their  govern 
ments  cannot  be  denied.  It  exists  independently  of  all  consti 
tutions,  and  has  been  exercised  at  all  periods  of  the  world's  his 
tory.  Under  it,  old  governments  have  been  destroyed  and  new 
ones  have  taken  their  place.  It  is  embodied  in  strong  and  ex 
press  language  in  our  own  Declaration  of  Independence.  But  the 
distinction  must  ever  be  observed  that  this  is  revolution  against 
an  established  Government,  and  not  a  voluntary  secession  from 
it  by  virtue  of  an  inherent  constitutional  right.  In  short,  let 
us  look  the  danger  fairly  in  the  face  ;  secession  is  neither  more 
nor  less  than  revolution.  It  may  or  it  may  not  be  a  justifiable 
revolution  ;  but  still  it  is  revolution." 

The  President  having  thus  attempted  to  demonstrate  that 
the  Constitution  affords  no  warrant  for  secession,  but  that  this 
was  inconsistent  both  with  its  letter  and  spirit,  then  defines  his 
own  position.  He  says  : 

""What,  in  the  mean  time,  is  the  responsibility  and  true  posi 
tion  of  the  Executive  ?  He  is  bound  by  solemn  oath,  before 
God  and  the  country,  £  to  take  care  that  the  laws  be  faithfully 
executed,'  and  from  this  obligation  he  cannot  be  absolved  by 
any  human  power.  But  what  if  the  performance  of  this  duty, 
in  whole  or  in  part,  has  been  rendered  impracticable  by  events 
over  which  he  could  have  exercised  no  control  ?  Such,  at  the 
present  moment,  is  the  case  throughout  the  State  of  South  Car 
olina,  so  far  as  the  laws  of  the  United  States  to  secure  the  ad 
ministration  of  justice  by  means  of  the  Federal  judiciary  are 
concerned.  All  the  Federal  officers  within  its  limits,  through 
whose  agency  alone;  these  laws  can  be  carried  into  execution, 
have  already  resigned.  We  no  longer  have  a  district  judge,  a 
district  attorney,  or  a  marshal  in  South  Carolina.  In  fact,  the 
whole  machinery  of  the  Federal  Government  necessary  for  the 
distribution  of  remedial  justice  among  the  people  has  been 
demolished,  and  it  would  be  difficult,  if  not  impossible,  to  re 
place  it. 

"  The  only  acts  of  Congress  on  the  statute  book  bearing 
upon  this  subject  are  those  of  the  28th  February,  1Y95,  and  3d 
March,  180T.  These  authorize  the  President,  after  he  shall 
have  ascertained  that  the  marshal,  with  his  posse  comitatm,  is 


126  ME.  BUCHANAN'S  ADMINISTRATION 

unable  to  execute  civil  or  criminal  process  in  any  particular 
case,  to  call  forth  the  militia  and  employ  the  army  and  navy  to 
aid  him  in  performing  this  service,  having  first  by  proclamation 
commanded  the  insurgents  *  to  disperse  and  retire  peaceably  to 
their  respective  abodes  within  a  limited  time.'  This  duty  can 
not  by  possibility  be  performed  in  a  State  where  no  judicial 
authority  exists  to  issue  process,  and  where  there  is  no  marshal 
to  execute  it,  and  where,  even  if  there  were  such  an  officer,  the 
entire  population  would  constitute  one  solid  combination  to 
resist  him. 

"  The  bare  enumeration  of  these  provisions  proves  how  inad 
equate  they  are  without  further  legislation  to  overcome  a  united 
opposition  in  a  single  State,  not  to  speak  of  other  States  who 
may  place  themselves  in  a  similar  attitude.  Congress  alone  has 
power  to  decide  whether  the  present  laws  can  or  cannot  be 
amended  so  as  to  carry  out  more  effectually  the  objects  of  the 
Constitution. 

"  The  same  insuperable  obstacles  do  not  lie  in  the  way  of 
executing  the  laws  for  the  collection  of  the  customs.  The  reve 
nue  still  continues  to  be  collected,  as  heretofore,  at  the  custom 
house  in  Charleston,  and  should  the  collector  unfortunately  re 
sign,  a  successor  may  be  appointed  to  perform  this  duty, 

"  Then,  in  regard  to  the  property  of  the  United  States  in 
South  Carolina.  .  This  has  been  purchased  for  a  fair  equivalent, 
'  by  the  consent  of  the  Legislature  of  the  State,'  '  for  the  erec 
tion  of  forts,  magazines,  arsenals,'  &c.,  and  over  these  the  au 
thority  'to  exercise  exclusive  legislation'  has  been  expressly 
granted  by  the  Constitution  to  Congress.  It  is  not  believed 
that  any  attempt  will  be  made  to  expel  the  United  States  from 
this  property  by  force  ;  but  if  in  this  I  should  prove  to  be  mis 
taken,  the  officer  in  command  of  the  forts  has  received  orders 
to  act  strictly  on  the  defensive.  In  such  a  contingency  the  re 
sponsibility  for  consequences  would  rightfully  rest  upon  the 
heads  of  the  assailants. 

"  Apart  from  the  execution  of  the  laws,  so  far  as  this  may  be 
practicable,  the  Executive  has  no  authority  to  decide  what  shall 
be  the  relations  between  the  Federal  Government  and  South 
Carolina.  He  has  been  invested  with  no  such  discretion.  He 


ON  THE  EVE  OF  THE  REBELLION.  127 

possesses  no  power  to  change  the  relations  heretofore  existing 
between  them,  much  less  to  acknowledge  the  independence  of 
that  State.  This  would  be  to  invest  a  mere  executive  officer 
with  the  power  of  recognizing  the  dissolution  of  the  Confeder 
acy  among  our  thirty-three  sovereign  States.  It  bears  no  resem 
blance  to  the  recognition  of  a  foreign  de  facto  Government,  in 
volving  no  such  responsibility.  Any  attempt  to  do  this  would, 
on  his  part,  be  a  naked  act  of  usurpation.  It  is,  therefore,  my 
duty  to  submit  to  Congress  the  whole  question  in  all  its  bear 
ings." 

Then  follows  the  opinion  expressed  in  the  message,  that  the 
Constitution  has  conferred  no  power  on  the  Federal  Govern 
ment  to  coerce  a  State  to  remain  in  the  Union.  The  following 
is  the  language  :  "  The  question  fairly  stated  is,  i  Has  the  Con 
stitution  delegated  to  Congress  the  power  to  coerce  a  State  into 
submission  which  is  attempting  to  withdraw,  or  has  actually 
withdrawn  from  the  Confederacy  ? '  If  answered  in  the  affirma 
tive,  it  must  be  on  the  principle  that  the  power  has  been  con 
ferred  upon  Congress  to  make  war  against  a  State. 

"  After  much  serious  reflection,  I  have  arrived  at  the  conclu 
sion  that  no  such  power  has  been  delegated  to  Congress  or  to 
any  other  department  of  the  Federal  Government.  It  is  mani 
fest,  upon  an  inspection  of  the  Constitution,  that  this  is  not 
among  the  specific  and  enumerated  powers  granted  to  Congress ; 
and  it  is  equally  apparent  that  its  exercise  is  not  '  necessary  and 
proper  for  carrying  into  execution '  any  one  of  these  powers. 
So  far  from  this  power  having  been  delegated  to  Congress,  it 
was  expressly  refused  by  the  Convention  which  framed  the  Con 
stitution. 

"  It  appears  from  the  proceedings  of  that  body  that  on  the 
31st  May,  1787,  the  clause  c  authorizing  an  exertion  of  the  force 
of  the  whole  against  a  delinquent  State*  came  up  for  considera 
tion.  Mr.  Madison  opposed  it  in  a  brief  but  powerful  speech, 
from  which  I  shall  extract  but  a  single  sentence.  He  observed: 
i  The  use  of  force  against  a  State  would  look  more  like  a  decla 
ration  of  war  than  an  infliction  of  punishment,  and  would  proba 
bly  be  considered  by  the  party  attacked  as  a  dissolution  of  all 
previous  compacts  by  which  it  might  be  bound.'  Upon  his  mo- 


128  ME.  BUCHANAN'S  ADMINISTRATION 

tion  the  clause  was  unanimously  postponed,  and  was  never,  I 
believe,  again  presented.  Soon  afterwards,  on  the  8th  June, 
1787,  when  incidentally  adverting  to  the  subject,  he  said  :  £  Any 
government  for  the  United  States,  formed  on  the  supposed  prac 
ticability  of  using  force  against  the  unconstitutional  proceedings 
of  the  States,  would  prove  as  visionary  and  fallacious  as  the  gov 
ernment  of  Congress,'  evidently  meaning  the  then  existing  Con 
gress  of  the  old  confederation." 

The  Republican  party  have  severely  but  unjustly  criticized 
this  portion  of  the  message,  simply  because  they  have  not  chosen 
to  take  the  distinction  between  the  power  to  make  war  against 
a  State  in  its  sovereign  character,  and  the  undoubted  power  to 
enforce  the  laws  of  Congress  directly  against  individual  citizens 
thereof  within  its  limits.  It  was  chiefly  to  establish  this  very 
distinction  that  the  Federal  Constitution  was  framed.  The 
Government  of  the  old  Confederation  could  act  only  by  requisi 
tions  on  the  different  States,  and  these,  as  we  have  seen,  obeyed 
or  disobeyed  according  to  their  own  discretion.  In  case  of  dis 
obedience,  there  was  no  resort  but  to  actual  force  against  them, 
which  would  at  once  have  destroyed  the  Confederacy.  To  re 
move  the  necessity  for  such  a  dangerous  alternative,  the  present 
Constitution,  passing  over  the  Governments  of  the  States,  con 
ferred  upon  the  Government  of  the  United  States  the  power  to 
execute  its  own  laws  directly  against  their  people.  Thus  all 
danger  of  collision  between  the  Federal  and  State  authorities 
was  removed,  and  the  indissoluble  nature  of  the  Federal  Union 
established.  The  Republican  party  have,  notwithstanding,  con 
strued  the  message  to  mean  a  denial  by  the  President  of  the 
power  to  enforce  the  laws  against  the  citizens  of  a  State  after 
secession,  and  even  after  actual  rebellion.  The  whole  tenor,  not 
only  of  this  message,  but  of  the  special  message  of  the  8th  Jan 
uary,  1861,  contradicts  and  disproves  this  construction.  Indeed, 
in  the  clause  of  the  first,  immediately  preceding  that  relied 
upon,  and  whilst  South  Carolina  was  rapidly  rushing  to  seces 
sion,  he  expressed  his  determination  to  execute  the  revenue  laws 
whenever  these  should  be  resisted,  and  to  defend  the  public 
property  against  all  assaults.  And  in  the  special  message,  after 
South  Carolina  and  other  States  had  seceded,  he  reiterated  this 


ON  THE  EVE  OF  THE  REBELLION.  129 

declaration,  maintaining  both  his  right  and  his  duty  to  employ 
military  force  for  this  purpose.  Having  proved  secession  to  be 
a  mere  nullity,  he  considered  the  States  which  had  seceded  to 
be  still  within  the  Union,  and  their  people  equally  bound  as 
they  had  been  before  to  obey  the  laws. 

The  Disunioiiists,  unlike  the  [Republicans,  placed  the  correct 
construction  upon  both  messages,  and  therefore  denounced  them 
in  severe  terms. 

The  President  was  gratified  to  observe  that  Senator  Johnson, 
of  Tennessee,  a  few  days  after  the  date  of  the  first  message, 
placed  this  subject  in  its  true  light,  and  thereby  exposed  him 
self  to  similar  denunciations.  In  his  speech  of  18th  December, 
1860  ("Congressional  Globe,"  p.  119),  he  says:  "I  do  not  be 
lieve  the  Federal  Government  has  the  power  to  coerce  a  State, 
for  by  the  eleventh  amendment  of  the  Constitution  of  the  United 
States  it  is  expressly  provided  that  you  cannot  even  put  one  of 
the  States  of  this  Confederacy  before  one  of  the  courts  of  the 
country  as  a  party.  As  a  State,  the  Federal  Government  has  no 
power  to  coerce  it ;  but  it  is  a  member  of  the  compact  to  which 
it  agreed  in  common  with  the  other  States,  and  this  Government 
has  the  right  to  pass  laws,  and  to  enforce  those  laws  upon  indi 
viduals  within  the  limits  of  each  State.  While  the  one  propo 
sition  is  clear,  the  other  is  equally  so.  This  Government  can, 
by  the  Constitution  of  the  country,  and  by  the  laws  enacted  in 
conformity  with  the  Constitution,  operate  upon  individuals,  and 
has  the  right  and  the  power,  not  to  coerce  a  State,  but  to  enforce 
and  execute  the  law  upon  individuals  within  the  limits  of  a 
State." 

Sound  doctrine,  and  in  conformity  with  that  of  the  framersof 
the  Constitution !  Any  other  might,  according  to  Mr.  Madison, 
have  been  construed  by  the  States  in  rebellion  as  a  dissolution 
of  their  connection  with  the  other  States,  and  recognized  them 
as  independent  belligerents  on  equal  terms  with  the  United 
States.  Happily  our  civil  war  was  undertaken  and  prosecuted  in 
self-defence,  not  to  coerce  a  State,  but  to  enforce  the  execution 
of  the  laws  within  the  States  against  individuals,  and  to  suppress 
an  unjust  rebellion  raised  by  a  conspiracy  among  them  against 
the  Government  of  the  United  States. 


130  MB.  BUCHANAN'S  ADMINISTRATION 

After  an  impartial  review  of  all  the  circumstances,  and  a 
careful  consideration  of  the  danger  of  the  crisis,  the  President 
determined  to  recommend  to  Congress  to  initiate  such  amend 
ments  to  the  Constitution  as  would  recognize  and  place  be 
yond  dispute  the  rights  of  the  Southern  people,  as  these  had 
been  expounded  by  the  Supreme  Court.  Whilst  acknowledging 
that  the  cotton  States  were  without  justifiable  cause  for  their 
threatened  attempts  to  break  up  the  Union,  either  by  peaceful 
secession,  as  they  claimed  the  right  to  do,  or  by  forcible  rebel 
lion,  he  could  not  deny  that  they  had  suffered  serious  wrongs 
through  many  years  from  the  Northern  abolition  party.  To 
deny  them  such  a  security  would  be  at  war  with  the  noblest  feel 
ings  of  patriotism,  and  inconsistent  with  the  friendly  sentiments 
which  ought  ever  to  be  cherished  between  the  people  of  sister 
States.  We  ought  first  to  do  our  duty  toward  the  cotton  States  ; 
and  if  thereafter  they  should  persist  in  attempting  to  dissolve 
the  Union,  they  would  expose  themselves  to  universal  condemna 
tion.  We  should  first  "  cast  the  beam  out  of  our  own  eye,"  and 
then  we  might  see  clearly  how  to  deal  with  our  brothers'  faults. 
Besides,  such  a  course  would  have  confirmed  the  loyalty  of  the 
border  slaveholding  States.  And  above  all,  we  were  bound  to 
make  this  concession,  the  strong  to  the  weak,  when  the  object 
was  to  restore  the  fraternal  feelings  which  had  presided  at  the 
formation  of  the  Constitution,  to  reestablish  the  ancient  harmony 
between  the  States,  and  to  prevent  civil  war.  Neither  the 
Chicago  platform,  nor  any  other  political  platform,  ought  to  have 
stood  in  the  way  of  such  a  healing  measure.  The  President, 
therefore,  appealed  to  Congress  to  propose  and  recommend  "  to 
the  legislatures  of  the  several  States  the  remedy  for  existing 
evils  which  the  Constitution  has  itself  provided  for  its  own  pres 
ervation.  This  has  been  tried  at  different  critical  periods  of  our 
history,  and  always  with  eminent  success.  It  is  to  be  found  in 
the  fifth  article  providing  for  its  own  amendment.  Under  this 
article  amendments  have  been  proposed  by  two-thirds  of  both 
houses  of  Congress,  and  have  been  '  ratified  by  the  legislatures 
of  three-fourths  of  the  several  States,'  and  have  consequently  be 
come  parts  of  the  Constitution.  To  this  process  the  country  is 
indebted  for  the  clause  prohibiting  Congress  from  passing  any 


i 

ON  THE  EVE  OF  THE  REBELLION.  131 

law  respecting  an  establishment  of  religion,  or  abridging  the 
freedom  of  speech  or  of  the  press,  or  of  the  right  of  petition.  To 
this  we  are,  also,  indebted  for  the  Bill  of  Eights,  which  secures 
the  people  against  any  abuse  of  power  by  the  Federal  Gov 
ernment.  Such  were  the  apprehensions  justly  entertained  by 
the  friends  of  State  rights  at  that  period  as  to  have  rendered  it 
extremely  doubtful  whether  the  Constitution  could  have  long 
survived  without  those  amendments. 

"  Again,  the  Constitution  was  amended  by  the  same  process, 
after  the  election  of  President  Jefferson  by  the  House  of  Rep 
resentatives,  in  February,  1803.  This  amendment  was  rendered 
necessary  to  prevent  a  recurrence  of  the  dangers  which  had 
seriously  threatened  the  existence  of  the  Government  during  the 
pendency  of  that  election.  The  article  for  its  own  amendment 
was  intended  to  secure  the  amicable  adjustment  of  conflicting 
constitutional  questions  like  the  present,  which  might  arise  be 
tween 'the  Governments  of  the  States  and  that  of  the  United 
States.  This  appears  from  contemporaneous  history."  *  *  * 

"  The  explanatory  amendment  might  be  confined  to  the  final 
settlement  of  the  true  construction  of  the  Constitution  on  three 
special  points : 

"  1.  An  express  recognition  of  the  right  of  property  in  slaves 
in  the  States  where  it  now  exists  or  may  hereafter  exist. 

"  2.  The  duty  of  protecting  this  right  in  all  the  common 
Territories  throughout  their  Territorial  existence,  and  until  they 
shall  be  admitted  as  States  into  the  Union,  with  or  without 
slavery,  as  their  constitutions  may  prescribe. 

"3.  A  like  recognition  of  the  right  of  the  master  to  have 
his  slave,  who  has  escaped  from  one  State  to  another,  restored 
and  '  delivered  up '  to  him,  and  of  the  validity  of  the  fugitive 
slave  law  enacted  for  this  purpose,  together  with  a  declaration 
that  all  State  laws  impairing  or  defeating  this  right  are  viola 
tions  of  the  Constitution,  and  are  consequently  null  and  void. 
It  may  be  objected  that  this  construction  of  the  Constitution  has 
already  been  settled  by  the  Supreme  Court  of  the  United  States, 
and  what  more  ought  to  be  required  ?  The  answer  is,  that  a 
very  large  proportion  of  the  people  of  the  United  States  still 
contest  the  correctness  of  this  decision,  and  never  will  cease 


132  ME.  BUCHANAN'S  ADMINISTRATION 

from  agitation  and  admit  its  binding  force  until  clearly  estab 
lished  by  the  people  of  the  several  States  in  their  sovereign 
character.  Such  an  explanatory  amendment  would,  it  is  be 
lieved,  forever  terminate  the  existing  dissensions,  and  restore 
peace  and  harmony  among  the  States. 

"  It  ought  not  to  be  doubted  that  such  an  appeal  to  the  arbit 
rament  established  by  the  Constitution  itself,  would  be  received 
with  favor  by  all  the  States  of  the  Confederacy.  In  any  event, 
it  ought  to  be  tried  in  a  spirit  of  conciliation  before  any  of  these 
States  shall  separate  themselves  from  the  Union." 

The  President  accompanied  his  recommendations  by  a  sol 
emn  appeal  in  favor  of  the  Union.  He  says  : 

"  But  may  I  be  permitted  solemnly  to  invoke  my  country 
men  to  pause  and  deliberate,  before  they  determine  to  destroy 
this,  the  grandest  temple  which  has  ever  been  dedicated  to 
human  freedom  since  the  world  began.  It  has  been  consecrated 
by  the  blood  of  our  fathers,  by  the  glories  of  the  past,  and  by 
the  hopes  of  the  future.  The  Union  has  already  made  us  the 
most  prosperous,  and  ere  long  will,  if  preserved,  render  us  the 
most  powerful  nation  on  the  face  of  the  earth.  In  every  foreign 
region  of  the  globe  the  title  of  American  citizen  is  held  in  the 
highest  respect,  and  when  pronounced  in  a  foreign  land  it  causes 
the  hearts  of  our  countrymen  to  swell  with  honest  pride.  Surely 
when  we  reach  the  brink  of  the  yawning  abyss,  we  shall  recoil 
with  horror  from  the  last  fatal  plunge. 

"  By  such  a  dread  catastrophe,  the  hopes  of  the  friends  of 
freedom  throughout  the  world  would  be  destroyed,  and  a  long 
night  of  leaden  despotisnl  would  enshroud  the  nations.  Our 
example  for  more  than  eighty  years  would  not  only  be  lost,  but 
it  would  be  quoted  as  a  conclusive  proof  that  man  is  unfit  for 
self-government. 

"  It  is  not  eveiy  wrong — nay,  it  is  not  every  grievous  wrong 
— which  can  justify  a  resort  to  such  a  fearful  alternative.  This 
ought  to  be  the  last  desperate  remedy  of  a  despairing  peo 
ple,  after  every  constitutional  means  of  conciliation  had  been 
exhausted.  We  should  reflect  that,  under  this  free  Govern 
ment,  there  is  an  incessant  ebb  and  flow  in  public  opinion.  The 
slavery  question,  like  every  thing  human,  will  have  its  day.  I 


ON  THE  EVE  OF  THE  REBELLION.  133 

firmly  believe  that  it  has  reached  and  passed  the  culminating 
point.  But  if,  in  the  midst  of  the  existing  excitement,  the  Union 
shall  perish,  the  evil  may  then  become  irreparable." 

This  message  proved  unsatisfactory  both  to  the  Republican 
party  and  to  the  Pro-Slavery  party  in  the  cotton  States.  The 
leaders  of  this  latter  party  in  Congress,  and  especially  Mr.  Jef 
ferson  Davis,  objected  to  it  because  of  its  earnest  argument 
against  secession,  and  the  determination  expressed  to  collect  the 
revenue  in  the  ports  of  South  Carolina,  by  means  of  a  naval 
force,  and  to  defend  the  public  property.  ,  From  this  moment 
they  alienated  themselves  from  the  President.  Soon  thereafter, 
when  he  refused  to  withdraw  Major  Anderson  from  Fort  Sum- 
ter,  on  the  demand  of  the  self-styled  South  Carolina  Commis 
sioners,  the  separation  became  complete.  For  more  than  two 
months  before  the  close  of  the  session  all  friendly  intercourse 
between  them  and  the  President,  whether  of  a  political  or  social 
character,  had  ceased. 


134  ME.  BUCHANAN'S  ADMINISTRATION 


CHAPTEK    VII. 

Refusal  of  Congress  to  act  either  with  a  view  to  conciliation  or  defence — The  Senate 
Committee  of  Thirteen  and  its  proceedings — Mr.  Crittenden  submits  his  Compro 
mise  to  the  Committee — Its  nature — The  Committee  unable  to  agree — Testimony  of 
Messrs.  Douglas  and  Toombs  that  the  Crittenden  Compromise  would  have  arrested 
secession  in  the  Cotton  States — Mr.  Crittenden  proposes  to  refer  his  amendment 
to  the  people  of  the  several  States  by  an  act  of  ordinary  legislation — His  remarks 
in  its  favor — Proceedings  thereon — Expression  of  public  opinion  in  its  favor — Pres 
ident  Buchanan  recommends  it — Recommendation  disregarded  and  proposition 
defeated  by  the  Clark  amendment — Observations  thereon — Peace  Convention  pro 
posed  by  Virginia — Its  meeting  and  proceedings — Amendment  to  the  Constitution 
reported  by  Mr.  Guthrie,  chairman  of  the  committee — Its  modification  on  motion 
of  Mr.  Franklin,  and  final  adoption  by  the  Convention — Virginia  and  North  Caro 
lina  vote  with  Connecticut,  Maine,  Massachusetts,  New  Hampshire,  and  Vermont 
against  it — Its  rejection  by  the  United  States  Senate — The  House  of  Representa 
tives  refuse  even  to  receive  it — Every  Republican  member  in  both  branches  of 
Congress  opposed  to  it. 

IN  this  perilous  condition  of  the  country  it  would  scarcely 
be  believed,  were  it  not  demonstrated  by  the  record,  that  Con 
gress  deliberately  refused,  throughout  the  entire  session,  to  pass 
any  act  or  resolution  either  to  preserve  the  Union  by  peaceful 
measures,  or  to  furnish  the  President  or  his  successor  with  a 
military  force  to  repel  any  attack  which  might  be  made  by  the 
cotton  States.  It  neither  did  the  one  thing  nor  the  other.  It 
neither  presented  the  olive  branch  nor  the  sword.  All  history 
proves  that  inaction  in  such  an  emergency  is  the  worst  possible 
policy,  and  can  never  stay  the  tide  of  revolution.  On  the  con 
trary,  it  affords  the  strongest  encouragement  to  rebellion.  The 
sequel  will  prove  the  correctness  of  these  opinions. 

Then,  first,  as  to  the  action  of  Congress  on  the  President's 
recommendation  to  adopt  amendments  to  the  Constitution. 
Soon  after  its  meeting,  on  the  motion  of  Senator  Powell,  of 
Kentucky,  "  so  much  of  the  President's  Message  as  relates  to 
the  present  agitated  and  distracted  condition  of  the  country, 
and  the  grievances  between  the  slaveholding  and  the  non-slave- 
holding  States,"  *  was  referred  to  a  special  committee,  consist 

*  Senate's  Report  of  Committees,  2d  session,  36th  Congress,  1860-  61,  No.  288 


ON  THE  EVE  OF  THE  REBELLION.  135 

ing  of  thirteen  members.  This  committee  was  composed  of  the 
most  distinguished  and  influential  Senators.  They  were  true 
representatives  of  the  political  parties  to  which  they  respec 
tively  belonged.  It  consisted  of  five  Republicans :  Messrs. 
Seward,  Collamer,  Wade,  Doolittle,  and  Grimes ;  five  from  slave- 
holding  States:  Messrs.  Powell,  Hunter,  Crittenden,  Toombs, 
and  Davis ;  and  three  Northern  Democrats :  Messrs.  Douglas, 
Bigler,  and  Bright.  The  latter  three  were  intended  to  act  as 
mediators  between  the  extreme  parties  on  the  committee. 

No  legislative  body,  in  the  history  of  nations,  had  ever 
created  a  committee  upon  whose  action  more  important  conse 
quences  depended.  Beyond  question,  they  had  it  in  their  power 
justly  and  honorably  to  preserve  the  peacg  of  the  country  and 
the  integrity  of  the  Union. 

The  committee  first  met  on  the  21st  December,  1860,  and,* 
preliminary  to  any  other  proceeding,  they  "  resolved  that  no 
proposition  shall  be  reported  as  adopted,  unless  sustained  by  a 
majority  of  each  of  the  classes  of  the  committee  ;  Senators  of 
the  Republican  party  to  constitute  one  class,  and  Senators  of  the 
other  parties  to  constitute  the  other  class."  This  resolution  was 
passed,  because  any  report  they  might  make  to  the  Senate  would 
be  in  vain  unless  sanctioned  by  at  least  a  majority  of  the  five 
Eepublican  Senators.  On  the  next  day  (the  22d),  Mr.  Critten 
den  submitted  to  the  committee  "  A  Joint  Resolution  "  (the  same 
which  he  had  two  days  before  presented  to  the  Senate),  "  pro 
posing  certain  amendments  to  the  Constitution  of  the  United 
States,"  now  known  as  the  Crittenden  Compromise.  This  was 
truly  a  compromise  of  conflicting  claims,  because  it  proposed 
that  the  South  should  surrender  their  adjudged  right  to  take 
slaves  into  all  our  Territories,  provided  the  North  would  recog 
nize  this  right  in  the  Territories  south,  of  the  old  Missouri  Com 
promise  line.  This  amendment  offered  terms  to  the  North  far 
less  favorable  to  the  South  than  their  existing  rights  under  the 
decision  of  the  Supreme  Court. 

The  Constitution,  as  expounded  by  this  decision,  opens  all 
the  Territories,  both  North  and  South,  as  the  common  property 
of  the  States,  to  the  introduction  and  protection  of  slave  prop 
erty.  Mr.  Crittenden's  amendment  proposed  to  restrict  this  gen- 


136 

eral  right  and  confine  it  to  the  Territories  south  of  the  latitude 
of  36°  30'.  It  prohibited  slavery  forever  from  all  Territories, 
"now  held  or  hereafter  acquired,"  north  of  this  line,  whilst 
south  of  it  slavery  was  "  recognized  as  existing,  and  shall  not 
be  interfered  with  by  Congress,  but  shall  be  protected  as  property 
by  all  the  departments  of  the  Territorial  Government  during 
its  continuance ;  and  when  any  Territory  north  or  south  of  said 
line,  within  such  boundaries  as  Congress  may  prescribe,  shall 
contain  the  population  requisite  for  a  member  of  Congress,  it 
shall  be  admitted  into  the  Union  with  or  without  slavery,  as 
the  Constitution  of  such  new  State  may  provide."  * 

This  amendment  yielded  every  thing  to  the  North,  except 
a  mere  abstraction.  It  gave,  in  point  of  fact,  all  the  vast 
territories  of  the  United  States  to  perpetual  freedom,  with  the 
single  exception  of  New  Mexico.  And  in  regard  to  this,  it  is 
scarcely  necessary  to  state  to  any  person  in  the  least  degree  ac 
quainted  with  geography,  that  New  Mexico  could  never  practi 
cally  become  a  slaveholding  State.  As  to  the  Indian  Territory 
south  of  36°  30',  it  belongs  not  to  the  United  States,  but  is 
secured  to  the  Indians  by  solemn  treaties,  founded  upon  full  and 
indeed  ample  equivalents. 

At  the  first  it  was  confidently  expected  that  this  amendment 
would  be  yielded  by  the  North  as  a  peace  offering  to  the  South. 
It  was  in  substance  and  in  fact  neither  more  nor  less  than  an 
offer  to  restore  the  Missouri  Compromise,  against  the  repeal  of 
which  the  Republican  party  in  Congress,  in  1854,  had  so  justly 
struggled.  It  was  hailed  by  the  people  throughout  the  country 
as  the  rainbow  upon  the  cloud,  promising  peace  and  perpetuity 
to  the  Union.  Indeed,  who  could  fail  to  believe  that  when  the 
alternative  was  presented  to  the  Senators  and  Representatives 
of  the  Northern  States,  either  to  yield  to  their  brethren  in  the 
South  the  barren  abstraction  of  carrying  their  slaves  into  New 
Mexico,  or  to  expose  the  country  to  the  imminent  peril  of  civil 
war,  they  would  choose  the  side  of  peace  and  union  ?  The 
period  for  action  was  still  propitious.  It  will  be  recollected  that 
Mr.  Crittenden's  amendment  was  submitted  before  any  of  our 
forts  had  been  seized,  before  any  of  the  cotton  States,  except 

*  Senate  Report  of  the  Proceedings  of  the  Committee,  Dec.  31,  1860. 


ON  THE  EVE  OF  THE  REBELLION".  137 

South  Carolina,  had  seceded,  and  before  any  of  the  Conventions 
which  had  been  called  in  the  remaining  six  of  these  States  had 
assembled.  Under  such  circumstances  it  would  have  been  true 
wisdom  to  seize  the  propitious  moment  before  it  fled  forever, 
and  even  yield,  if  need  be,  a  trifling  concession  to  patriotic 
policy,  if  not  to  abstract  justice,  rather  than  expose  the  country 
to  a  great  impending  calamity.  And  how  small  the  concession 
required  even  from  a  sincere  anti-slavery  [Republican !  In  the 
language  of  Mr.  Crittenden  :  "  The  sacrifice  to  be  made  for  its 
preservation  [that  of  the  Union]  is  comparatively  worthless. 
Peace  and  harmony  and  union  in  a  great  nation  were  never  pur 
chased  at  so  cheap  a  rate  as  we  now  have  it  in  our  power  to  do. 
It  is  a  scruple  only,  a  scruple  of  as  little  value  as  a  barleycorn, 
that  stands  between  us  and  peace  and  reconciliation  and  union ; 
and  we  stand  here  pausing  and  hesitating  about  that  little  atom 
which  is  to  be  sacrificed."  * 

Notwithstanding  these  powerful  arguments  in  favor  of  the 
Crittenden  Compromise,  it  was  rejected  by  the  Committee  of 
Thirteen,  every  one  of  its  five  Republican  members,  together  with 
Messrs.  Davis  and  Toombs,  from  the  cotton  States,  having  voted 
against  it.  Indeed,  not  one  of  all  the  Republicans  in  the  Senate, 
at  any  period  or  in  any  form,  voted  in  its  favor,  doubtless  for  the 
reason  that  it  tolerated  slavery  within  New  Mexico,  in  opposi 
tion  to  the  Chicago  platform.  This  they  held  paramount  to 
every  other  consideration. 

The  committee,  having  failed  to  arrive  at  a  satisfactory  con 
clusion,  reported  their  disagreement  to  the  Senate  on  the  31st 
December,  1860,  in  a  resolution  declaring  that  they  had  "not 
been  able  to  agree  upon  any  general  plan  of  adjustment."  f 
Thus  on  the  last  day  of  the  year  1860  vanished  the  reasonable 
prospect  that  any  of  the  seven  cotton  States  would  voluntarily 
remain  in  the  Union.  Soon  thereafter  the  Conventions  of  Florida 
on  the  7th  January,  Mississippi  the  Oth^Alabama  the  llth, 
Georgia  the  19th,  Louisiana  the  25th,  and  Texas  the  5th  Febru 
ary,  adopted  ordinances  of  secession  by  overwhelming  majorities. 
Several  of  these  States,  after  the  evil  example  of  South  Carolina, 

w       ^    •*-'  • 

*  Con.  Globe,  3d  Jan.,  1861,  p.  23f.  ,:  '    ''*.      ,.'   ;• 

t  Senate  Report  of  Committee,  I860-' 61,  No.  288. 


138  ME.  BUCHANAN'S  ADMINISTRATION 

proceeded  to  seize  the  public  property  within  their  limits ;  and 
the  authorities  of  Louisiana,  even  before  her  ordinance  of  seces 
sion,  more  outrageous  than  the  rest,  robbed  the  Branch  Mint 
and  Sub-Treasury  at  New  Orleans  of  a  large  amount  of  money. 

But  was  Mr.  Crittenden  correct  in  believing,  notwithstanding 
the  adverse  vote  of  Messrs.  Davis  and  Toombs  in  the  committee, 
that  the  adoption  of  his  amendment  would  have  arrested  seces 
sion  in  the  cotton  States?  There  is  good  reason  to  believe  that 
lie  was,  with  the  exception  of  South  Carolina ;  and  she  could 
not  long  have  remained  in  a  state  of  isolation.  On  this  question 
we  have  the  published  testimony  of  two  members  of  the  Com 
mittee  of  Thirteen,  which  has  never  since  been  contradicted. 
Mr.  Douglas,  in  his  speech  of  the  3d  January,  1861,  but  three 
days  after  the  report  of  the  committee  and  within  the  hearing 
of  all  its  members,  said :  "  If  you  of  the  Republican  side  are 
not  willing  to  accept  this  [a  proposition  for  adjustment  made  by 
himself]  nor  the  proposition  of  the  Senator  from  Kentucky 
(Mr.  Crittenden),  pray  tell  us  what  you  are  willing  to  do.  I 
address  the  inquiry  to  the  Republicans  alone,  for  the  reason  that 
in  the  Committee  of  Thirteen,  a  few  days  ago,  every  member  from 
the  South,  including  those  from  the  cotton  States  (Messrs. 
Toombs  and  Davis),  expressed  their  readiness  to  accept  the 
proposition  of  my  venerable  friend  from  Kentucky  (Mr.  Critten 
den),  as  a  final  settlement  of  the  controversy,  if  tendered  and 
sustained  by  the  Republican  members.  Hence  the  sole  respon 
sibility  of  our  disagreement,  and  the  only  difficulty  in  the  way 
of  an  amicable  adjustment,  is  with  the  Republican  party."  * 

And  Mr.  Douglas,  afterwards,  on  the  2d  of  March,  1861,  re 
affirmed  his  former  statement.  In  replying  to  Senator  Pugh 
(of  Ohio),  he  said  :  "  The  Senator  has  said  that  if  the  Crittenden 
proposition  could  have  been  passed  early  in  the  session,  it  would 
have  saved  all  the  States  except  South  Carolina.  I  firmly 
believe  it  would.  While  the  Crittenden  proposition  was  not  in 
accordance  with  my  cherished  views,  I  avowed  my  readiness 
and  eagerness  to  accept  it,  in  order  to  save  the  Union,  if  we 
could  unite  upon  it.  ISTo  man  has  labored  harder  than  I  have  to 
get  it  passed.  I  can  confirm  the  Senator's  declaration  that  Sen- 

*  Appendix  to  Con.  Globe,  I860-' 61,  p.  41. 


ON  THE  EVE  OF  THE  REBELLION.  139 

ator  Davis  himself,  when  on  the  Committee  of  Thirteen,  was 
ready,  at  all  times,  to  compromise  on  the  Crittenden  proposition. 
I  will  go  further  and  say  that  Mr.  Toombs  was  also  ready  to  do 


so."  * 


Besides,  on  the  7th  January,  1861,  Mr.  Toombs,  only  twelve 
days  before  his  State  seceded,  said:  "But  although  I  insist 
upon  this  perfect  equality  in  the  Territories,  when  it  was  pro 
posed,  as  I  understand  the  Senator  from  Kentucky  now  proposes,- 
that  the  line  of  36°  30'  shall  be  extended,  acknowledging  and 
protecting  our  property  on  the  south  side  of  that  line,  for  the 
sake  of  peace,  permanent  peace,  I  said  to  the  Committee  of 
Thirteen,  and  I  say  here,  that  with  other  satisfactory  provisions, 
I  would  accept  it,"  etc.,  etc.f 

Mr.  Crittenden  did  not  despair  of  ultimate  success,  notwith 
standing  his  defeat  before  the  Committee  of  Thirteen.  After 
this,  indeed,  he  could  no  longer  expect  to  carry  his  compromise 
as  an  amendment  to  the  Constitution  by  the  necessary  two-thirds 
vote  of  Congress.  It  was,  therefore,  postponed  by  the  Senate  on 
his  own  motion.:):  As  a  substitute  for  it  he  submitted  to  the 
Senate,  on  the  3d  January,  1861,  a  joint  resolution  (S.  "No.  54), 
which  might  be  passed  by  a  bare  majority  of  both  Houses.  This 
was  to  refer  his  rejected  amendment,  by  an  ordinary  Act  of  Con 
gress,  to  a  direct  vote  of  the  people  of  the  several  States.  This 

O  7  J.          x 

he  prefaced  by  some  striking  remarks.  He  said  :  "  The  times 
on  which  we  have  fallen,  sir,  are  of  a  very  extraordinary  charac 
ter  ;  full  of  danger  to  the  peace  of  the  country,  and  even  to  the 
union  of  the  country.  Its  extraordinary  character  seems  to 
require  of  us  all  efforts,  ordinary  and  extraordinary,  for  the  pur 
pose  of  averting  the  danger  which  now  so  threateningly  hangs 
over  us.  The  measure  which  I  am  about  to  propose,  sir,  is  of 
that  extraordinary  character ;  and  I  shall  be  at  a  loss  for  a  justi 
fication  and  excuse  for  it,  if  it  cannot  be  found  in  the  perilous 
condition  of  public  affairs,  and  in  that  great  law,  the  safety  of 
the  people." 

He  then  proceeded  to  offer  his  resolution  in  the  following 
language  :  "  Whereas  the  Union  is  in  danger,  and,  owing  to  the 

*  Con.  Globe,  I860-' 61,  p.  1391.  t  Ibid.,  p.  270. 

\  Ibid.,  p.  237. 


140  MR.  BUCHANAN'S  ADMINISTRATION 

unhappy  divisions  existing  in  Congress,  it  would  be  difficult,  if 
not  impossible,  for  that  body  to  concur  in  both  its  branches  by 
the  requisite  majority,  so  as  to  enable  it  either  to  adopt  such 
measures  of  legislation,  or  to  recommend  to  the  States  such 
amendments  to  the  Constitution,  as  are  deemed  necessary  and 
proper  to  avert  that  danger ;  and  whereas  in  so  great  an  emer 
gency  the  opinion  and  judgment  of  the  people  ought  to  be  heard, 
and  would  be  the  best  and  surest  guide  to  their  Representatives : 
Therefore,  Resol/ved,  That  provision  ought  to  be  made  by  law 
without  delay  for  taking  the  sense  of  the  people  and  submitting 
to  their  vote  the  following  resolution  [the  same  as  in  his  former 
amendment],  as  the  basis  for  the  final  and  permanent  settlement 
of  those  disputes  that  now  disturb  the  peace  of  the  country  and 
threaten  the  existence  of  the  Union." 

It  was  supposed  that  this  resolution  would  conciliate  the 
support  of  some  at  least,  if  not  all,  of  the  Republican  Senators. 
By  referring  the  questions  in  dispute  to  the  legitimate  fountain 
of  all  political  power,  it  would  relieve  them  from  previous  com 
mittals  to  the  Chicago  platform.  Besides,  it  was  believed  that 
they  would  not  assume  the  responsibility  of  denying  to  the 
people  of  their  own  States  the  opportunity  of  expressing  an 
opinion  at  the  ballot-box  on  questions  involving  no  less  a  stake 
than  the  peace  and  safety  of  the  Union.  Nevertheless,  it  will 
appear  from  the  sequel,  that  not  a  single  Republican  Senator 
ever  voted  for  the  resolution.  Had  Congress  thought  proper  to 
refer  the  Crittenden  Compromise  to  the  people  of  the  several 
States,  no  person  who  observed  the  current  of  public  opinion  at 
the  time,  can  fail  to  believe  that  outside  of  South  Carolina  it 
would  have  received  their  approbation.  Memorials  in  its  favor 
poured  into  Congress  from  all  portions  of  the  North,  even  from 
New  England.*  One  of  these  presented  to  the  Senate  was 
from  "  the  Mayor  and  members  of  the  Board  of  Aldermen  and 
the  Common  Council  of  the  city  of  Boston,  and  over  22,000 
citizens  of  the  State  of  Massachusetts,  praying  the  adoption  of 
the  compromise  measures  proposed  by  Mr.  Crittenden."  f  It 
may  be  proper  here  to  observe  that  the  resolution  of  Mr.  Grit- 

*  Index  to  Senate  Journal,  pp.  494,  495,  and  496. 
t  Senate  Journal,  I860-' 61,  p.  218. 


14     ON  THE   EVE   OF   THE    REBELLION.  141 

tenden  did  not  provide  in  detail  for  holding  elections  "by  which 
"  the  sense  of  the  people  "  could  be  ascertained.  To  supply  this 
omission,  Senator  Bigler,  of  Pennsylvania,  the  able,  indefatiga 
ble,  and  devoted  friend  of  the  measure,  on  the  14th  January, 
1861,  brought  in  "A  bill  to  provide  for  taking  the  sense  of  the 
people  of  the  United  States  on  certain  proposed  amendments  to 
the  Constitution  of  the  United  States ; "  but  never  was  he  able, 
notwithstanding  his  persevering  efforts,  to  induce  the  Senate 
even  to  consider  this  bill. 

President  Buchanan,  in  the  mean  time,  and  from  the  begin 
ning,  exerted  all  his  constitutional  influence  in  favor  of  these 
measures.  In  his  special  message  to  Congress  of  the  8th  Jan 
uary,  1861,  after  depicting  the  deplorable  consequences  which 
had  already  resulted  to  the  country  from  the  bare  apprehension 
of  civil  war  and  the  dissolution  of  the  Union,  he  says:  "Let 
the  question  be  transferred  from  political  assemblies  to  the  bal 
lot-box,  and  the  people  themselves  would  speedily  redress  the 
serious  grievances  which  the  South  have  suffered.  But,  in 
Heaven's  name,  let  the  trial  be  made  before  we  plunge  into 
armed  conflict  upon  the  mere  assumption  that  there  is  no  other 
alternative.  Time  is  a  great  conservative  power.  Let  us  pause 
at  this  momentous  point,  and  afford  the  people,  both  North  and 
South,  an  opportunity  for  reflection.  Would  that  South  Caro 
lina  had  been  convinced  of  this  truth  before  her  precipitate 
action  !  I,  therefore,  appeal  through  you  to  the  people  of  the 
country,  to  declare  in  their  might  that  the  Union  must  and 
shall  be  preserved  by  all  constitutional  means.  I  most  earnestly 
recommend  that  you  devote  yourselves  exclusively  to  the  ques 
tion  how  this  can  be  accomplished  in  peace.  All  other  ques 
tions,  when  compared  with  this,  sink  into  insignificance.  The 
present  is  no  time  for  palliatives ;  action,  prompt  action  is  re 
quired.  A  delay  in  Congress  to  prescribe  or  to  recommend  a 
distinct  and  practical  proposition  for  conciliation,  may  drive  us 
to  a  point  from  which  it  will  be  almost  impossible  to  recede. 

"  A  common  ground  on  which  conciliation  and  harmony  can 
be  produced  is  surely  not  unattainable.  The  proposition  to 
compromise  by  letting  the  North  have  exclusive  control  of  the 
territory  above  a  certain  line,  and  to  give  Southern  institutions 


142  ME.  BUCHANAN'S  ADMINISTRATION    * 

protection  below  that  line,  ought  to  receive  universal  approba 
tion.  In  itself,  indeed,  it  may  not  be  entirely  satisfactory,  but 
"when  the  alternative  is  between  a  reasonable  concession  on  both 
sides  and  a  dissolution  of  the  Union,  it  is  an  imputation  on  the 
patriotism  of  Congress  to  assert  that  its  members  will  hesitate 
for  a  moment." 

This  earnest  recommendation  was  totally  disregarded.  It 
would  be  a  useless  labor  to  recapitulate  all  the  proceedings  in 
the  Senate  upon  the  proposition  of  Mr.  Crittenden  to  refer  his 
amendment  to  a  vote  of  the  people.  On  the  14th  January, 
1861,  he  made  an  unsuccessful  attempt  to  have  it  considered, 
but  it  was  postponed  until  the  day  following.*  On  this  day  it 
was  again  postponed  by  the  vote  of  every  Republican  Senator 
present,  in  order  to  make  way  for  the  Pacific  Railroad  bill.f  On 
the  third  attempt  (January  16),  he  succeeded,  but  by  a  majority 
of  a  single  vote,  in  bringing  his  resolution  before  the  body. 
Every  Republican  Senator  present  voted  against  its  considera 
tion.  A  direct  vote  upon  the  resolution,  so  earnestly  desired  by 
the  country,  now  seemed  inevitable.  The  parliamentary  tactics 
of  the  Republican  party,  however,  defeated  this  object.  Mr. 
Clark,  a  Republican  Senator  from  New  Hampshire,  moved  to 
strike  out  the  entire  preamble  and  resolution  of  Mr.  Crittenden, 
and  in  lieu  thereof  insert  as  a  substitute  a  preamble  and  resolu 
tion  of  a  directly  opposite  character,  and  in  accordance  with  the 
Chicago  platform.  This  motion  prevailed  by  a  vote  of  25  to  23, 
every  Republican  Senator  present  having  voted  in  its  favor.J 
Thus  Mr.  Crittenden's  proposition  to  refer  the  question  to  the 
people  was  buried  under  the  Clark  amendment.  This  contin 
ued  to  be  its  position  for  more  than  six  weeks,  until  the  day 
before  the  final  adjournment  of  Congress,  2d  March,  when  it 
was  far  too  late  for  final  action  even  had  there  been  a  majority 
in  its  favor.  This  superincumbent  weight  was  then  removed, 
and  the  proposition  itself  was  defeated  by  a  vote  of  19  in  the 
affirmative  against  20  in  the  negative.§  Thus  the  Republican 
party  accomplished  their  object,  and  thus  terminated  every  rea- 

*  Con.  Globe,  1860-'61,      .  361-363.  t  Ibid.,  p.  381. 

t  Ibid.,  p.  409.  §  Ibid.,  p.  1405. 


ON  THE  EVE  OF  THE  REBELLION.  143 

sonable  hope  of  any  compromise  between  the  North  and  the 
South. 

It  is  proper  for  future  reference  that  the  names  of  those  Sen 
ators  who  constituted  the  majority  on  this  momentous  ques 
tion,  should  be  placed  upon  record.  Every  vote  given  from  the 
six  New  England  States  was  in  opposition  to  Mr.  Crittenden's 
resolution.  These  consisted  of  Mr.  Clark,  of  New  Hampshire ; 
Messrs.  Sumner  and  "Wilson,  of  Massachusetts ;  Mr.  Anthony, 
of  Rhode  Island ;  Messrs.  Dixon  and  Foster,  of  Connecticut ; 
Mr.  Foot,  of  Yermont ;  and  Mr.  Fessenden,  of  Maine.  The 
remaining  twelve  votes,  in  order  to  make  up  the  20,  were  given 
by  Messrs.  Bingham  and  "Wade,  of  Ohio ;  Mr.  Trumbull,  of 
Illinois  ;  Messrs.  Bingham  and  Chandler,  of  Michigan  ;  Messrs. 
Grimes  and  Harlan,  of  Iowa ;  Messrs.  Doolittle  and  Durkee, 
of  "Wisconsin  ;  Mr.  "Wilkinson,  of  Minnesota  ;  Mr.  King,  of  New 
York  ;  and  Mr.  Ten  Eyck,  of  New  Jersey.  It  is  also  worthy  of 
observation,  that  neither  Mr.  Hale,  of  New  Hampshire,  Mr. 
Simmons,  of  Rhode  Island,  Mr.  Collamer,  of  Yermont,  Mr. 
Seward,  of  New  York,  nor  Mr.  Cameron,  of  Pennsylvania, 
voted  on  the  question,  although  it  appears  from  the  journal 
that  all  these  gentlemen  were  present  in  the  Senate  on  the 
day  of  the  vote.  It  would  be  vain  to  conjecture  the  reasons 
why  these  five  Senators  refrained  from  voting  on  an  occasion  so 
important. 

It  will  be  recollected  that  a  direct  vote  of  the  Senate  on  the 
Crittenden  resolution  was  defeated  by  the  adoption  of  the  Clark 
amendment,  at  so  early  a  period  of  the  session  as  the  16th  Jan 
uary,  when  there  was  still  time  for  action.  This  amendment 
prevailed  only  in  consequence  of  the  refusal  of  six  secession 
Senators  to  vote  against  it.  They  thus  played  into  the  hands 
of  the  Republican  Senators,  and  rendered  them  a  most  accepta 
ble  service.  These  were  Messrs.  Benjamin  and  Slidell,  of  Lou 
isiana  ;  Mr.  Iverson,  of  Georgia ;  Messrs.  Hemphill  and  "Wigfall, 
of  Texas ;  and  Mr.  Johnson,  of  Arkansas.  Had  these  gentle 
men  voted  with  their  brethren  from  the  border  slaveholding 
States  and  the  other  Democratic  Senators,  the  Clark  amend 
ment  would  have  been  defeated,  and  the  Senate  would  then  have 
been  brought  to  a  direct  vote  on  the  Crittenden  resolution. 
10 


144  MR.  BUCHANAN'S  ADMINISTRATION 

Had  this  been  effected  and  the  Crittenden  resolution  adopted 
by  the  Senate,  as  it  might  have  been  by  the  votes  of  the  recu 
sant  Senators,  this  would  have  awakened  the  people  of  the  coun 
try  to  their  true  condition,  and  might  have  aroused  them  into 
action  in  sufficient  time  before  the  close  of  the  session  to  avert 
the  impending  danger.  As  it  was,  they  remained  in  a  state  of 
suspense,  and  still  continued  to  hope  until  the  very  day  before 
the  termination  of  Congress,  when  all  hope  was  finally  extin 
guished.  Such  conduct  on  the  part  of  these  six  Senators  can 
not  be  too  severely  censured.  They  thus  deserted  the  Demo 
cratic  jSenators  from  the  border  slaveholding  and  other  States, 
at  the  hour  of  their  utmost  need.  It  is  but  a  poor  excuse  for 
their  defection  to  say,  as  they  did,  that  the  Republican  Senators, 
whose  votes  were  necessary  to  any  effectual  compromise,  had 
steadily  repudiated  the  Crittenden  propositions  in  every  form, 
and  for  this  reason  they  were  already  on  the  eve  of  abandoning 
their  seats  in  the  Senate. 

Whilst  the  lovers  o£  peace  were  almost  despairing  for  the 
fate  of  the  Crittenden  amendment,  their  hope  of  its  final  tri 
umph  was  revived  by  the  interposition  of  Virginia.*  The  Gen 
eral  Assembly  of  that  Commonwealth,  on  the  19th  January, 
1861,  adopted  resolutions  expressing  "  the  deliberate  opinion " 
"  that  unless  the  unhappy  controversy  which  now  divides  the 
States  of  the  Confederacy  shall  be  satisfactorily  adjusted,  a 
permanent  dissolution  of  the  Union  is  inevitable."  For  the 
purpose  of  averting  "  so  dire  a  calamity,"  they  extended  an  invi 
tation  "to  all  such  States,  whether  slaveholding  or  non-slave- 
holding,  as  are  willing  to  unite  with  Virginia  in  an  earnest 
effort  to  adjust  the  present  unhappy  controversies,  in  the  spirit 
in  which  the  Constitution  was  originally  framed,"  to  appoint 
Commissioners  for  this  purpose,  to  meet  on  the  4th  February, 
1861,  at  the  City  of  Washington.  The  resolutions  expressed  a 
favorable  opinion  ,of  the  Crittenden  Compromise,  with  some 
modifications,  and  the  belief  that  "  it  would  be  accepted  as  a 
satisfactory  adjustment  by  the  people  of  this  Commonwealth." 
Such  was  the  origin  of  the  Peace  Convention.  The  best  hopes 
of  the  country  were  now  fixed  on  the  border  slave  States,  in- 

*  Con.  Globe,  I860-' 61,  p.  601. 


ON  THE  EVE  OF  THE  REBELLION.  145 

eluding  North  Carolina  and  Tennessee.  These  great  and  pow 
erful  commonwealths  still  remained  faithful  to  the  Union.  They 
had  hitherto  stood  aloof  from  secession,  and  had  manifested  an 
earnest  desire  not  only  to  remain  in  the  Union  themselves,  but 
to  exert  their  powerful  influence  to  bring  back  the  seceding  sis 
ters.  Virginia  had  ever  ranked  as  chief  among  the  Southern 
States,  and  had  exercised  great  influence  over  their  counsels. 
She  had  now  taken  the  lead  in  the  grand  design  to  save  the 
Union,  and  it  became  the  duty  of  the  President  to  render  her 
all  the  aid  in  his  power  in  a  cause  so  holy.  Every  reflecting 
man  foresaw  that  if  the  present  movement  of  Virginia  should 
fail  to  impress  upon  Congress  and  the  country  the  necessity  for 
adopting  a  peaceful  compromise,  like  that  proposed  by  Mr.  Crit- 
tenden,  there  was  imminent  danger  that  all  the  border  slave 
States  would  follow  the  cotton  States,  which  had  already  adopted 
ordinances  of  secession,  and  unite  with  them  in  an  attempt  to 
break  up  the  Union.  Indeed,  as  has  been  already  seen,  the 
Virginia  Legislature  had  declared  that,  in  case  of  failure,  such 
a  dissolution  was  "  inevitable." 

The  Peace  Convention  met  on  the  4th  February.*  It  was  com 
posed  of  one  hundred  and  thirty-three  commissioners,  represent 
ing  twenty-one  States.  A  bare  inspection  of  the  list  will  con 
vince  all  inquirers  of  the  great  respectability  and  just  influence 
of  its  members.  Among  them  there  were  many  venerable  and 
distinguished  citizens  from  the  border  States,  earnestly  intent 
upon  restoring  and  saving  the  Union.  Their  great  object  was 
to  prevail  upon  their  associates  from  the  North  to  unite  with 
them  in  such  recommendations  to  Congress  as  would  prevent 
their  own  States  from  seceding,  and  enable  them  to  bring  back 
the  cotton  States  which  had  already  seceded.  It  will  be  recol 
lected  that  on  the  4th  February,  when  the  Peace  Convention 
assembled,  six  of  the  cotton  States,  South  Carolina,  Alabama, 
Mississippi,  Georgia,  Louisiana,  and  Florida,  had  already  adopted 
ordinances  of  secession ;  and  that  but  four  days  thereafter  (8th 
February)  deputies  from  these  States  had  adopted  and  published 
at  Montgomery,  Alabama,  a  Provisional  Constitution  for  the  so- 
called  Confederate  States.  The  Union  was  then  crumbling  to 

*  Con.  Globe,  1860-'61,  p.  125_ 


146  MB.  BUCHANAN'S  ADMENISTEATION 

pieces.  One  month  only  of  the  session  of  Congress  remained. 
"Within  this  brief  period  it  was  necessary  mat  the  Convention 
should  recommend  amendments  to  the  Constitution  in  sufficient 
time  to  enable  both  Houses  to  act  upon  them  before  their  final 
adjournment.  It  was  also  essential  to  success  that  these  amend 
ments  should  be  sustained  by  a  decided  majority  of  the  commis 
sioners  both  from  the  Northern  and  the  border  States.  It  was, 
however,  soon  discovered  that  the  same  malign  influence  which 
had  caused  every  Republican  member  of  Congress  to  oppose  the 
Crittenden  Compromise,  would  probably  defeat  the  patriotic 
purpose  for  which  the  Convention  had  assembled. 

On  Wednesday,  the  6th  February,  a  resolution  was  adopted,* 
on  motion  of  Mr.  Guthrie,  of  Kentucky,  to  refer  the  resolutions 
of  the  General  Assembly  of  Virginia,  and  all  other  kindred  sub 
jects,  to  a  committee  to  consist  of  one  commissioner  from  each 
State,  to  be  selected  by  the  respective  State  delegations ;  and 
to  prevent  delay  they  were  instructed  to  report  on  or  before 
the  Friday  following  (the  8th),  "  what  they  may  deem  right, 
necessary,  and  proper  to  restore  harmony  and  preserve  the 
Union/' 

This  committee,  instead  of  reporting  on  the  day  appointed, 
did  not  report  until  Friday,  the  15th  February,-)-  and  thus  a  pre 
cious  week  was  lost.  The  reason  for  this  delay  shall  be  expressed 
in  the  language  of  Mr.  Reverdy  Johnson,  a  member  of  the  com 
mittee  and  a  commissioner  from  Maryland.  In  his  letter  of  13th 
May,  1863,  to  the  editors  of  the  "  Journal  of  Commerce,"  in  an 
swer  to  allegations  made  by  Mr.  David  D.  Field,  who  had  also 
been  a  member  of  the  committee  from  ISTew  York,  he  says : 
"  In  the  committee  to  whom  the  whole  subject  was  referred,  and 
at  whose  head  was  placed  Mr.  Guthrie,  of  Kentucky,  and  of 
which  Mr.  Field  was  a  member,  efforts  to  this  end  [reasonable 
guarantees  to  the  South  on  the  subject  of  slavery]  were  made 
again  and  again,  but  in  vain.  And  what  was  finally  agreed 
upon  and  reported,  met  with  the  sanction  of  but  a  bare  majority 
of  the  committee,  Mr.  Field  not  being  of  that  majority.  The 
discussions  in  every  meeting  of  the  committee  were  earnest,  and 
a  part  of  the  Southern  members  (I  was  of  the  number)  im- 

*  Official  Journal  of  the  Convention,  pp.  9  and  10.         t  Ibid.,  p.  21. 


ON  THE  EVE  OF  THE  REBELLION.  147 

plored  their  Northern  brethren  to  agree  to  something  that  there 
was  any  reason  to  believe  would  be  satisfactory  to  the  South.  I 
saw  then  that  unanimity  could  alone  render  the  propositions  of 
the  committee  effective.  I  also  saw,  and  as  the  result  has  proved, 
that  no  satisfactory  adjustment  attained,  an  attempt  at  least 
would  be  made  to  sever  the  Union."  (The  cotton  States 
had  already  attempted  to  sever  it  so  far  as  this  was  in  their 
power.) 

The  amendments  reported  by  a  majority  of  the  committee, 
through  Mr.  Guthrie,  their  chairman,  were  substantially  the 
same  with  the  Crittenden  Compromise ;  but  on  motion  of  Mr. 
Johnson,  of  Maryland,  the  general  terms  of  the  first  and  by  far 
the  most  important  section  were  restricted  to  the  present  Terri 
tories  of  the  United  States.*  On  motion  of  Mr.  Franklin,  of 
Pennsylvania,  this  section  was  further  amended,  but  not  mate 
rially  changed,  by  the  adoption  of  the  substitute  offered  by  him. 
Nearly  in  this  form  it  was  afterwards  adopted  by  the  Conven 
tion,  f  The  following  is  a  copy :  "  In  all  the  present  territory 
of  the  United  States  north  of  the  parallel  of  thirty-six  degrees  and 
thirty  minutes  of  north  latitude,  involuntary  servitude,  except 
in  punishment  of  crime,  is  prohibited.  In  all  the  present  terri 
tory  south  of  that  line,  the  status  of  persons  held  to  involuntary 
service  or  labor,  as  it  now  exists,  shall  not  be  changed ;  nor  shall 
any  law  be  passed  by  Congress  or  the  Territorial  Legislature  to 
hinder  or  prevent  the  taking  of  such  persons  from  any  of  the 
States  of  this  Union  to  said  territory,  nor  to  impair  the  rights 
arising  from  said  relation ;  but  the  same  shall  be  subject  to  judi 
cial  cognizance  in  the  Federal  courts,  according  to  the  course  of 
the  common  law.  When  any  Territory  north  or  south  of  said 
line,  within  such  boundary  as  Congress  may  prescribe,  shall  con 
tain  a  population  equal  to  that  required  ibr  a  member  of  Con 
gress,  it  shall,  if  its  form  of  government  be  republican,  be  ad 
mitted  into  the  Union  on  an  equal  footing  with  the  original 
States,  with  or  without  involuntary  servitude,  as  the  Constitution 
of  such  State  may  provide." 

Mr.  Baldwin,  of  Connecticut,  and  Mr.  Seddon,  of  Virginia, 
on  opposite  extremes,  made  minority  reports,  which  they  pro- 

*  Official  Journal,  p.  42.  t  Ibid.,  p.  70. 


148  ME.  BUCHANAN'S  ADMINISTKATTON 

posed  to  substitute  for  that  of  the  majority.  Mr.  Baldwin's 
report  was  a  recommendation  "  to  the  several  States  to  unite 
with  Kentucky  in  her  application  to  Congress  to  call  a  Con 
vention  for  proposing  amendments  to  the  Constitution  of  the 
United  States,  to  be  submitted  to  the  Legislatures  of  the  several 
States,  or  to  Conventions  therein,  for  ratification,  as  the  one  or 
the  other  mode  of  ratification  may  be  proposed  by  Congress,  in 
accordance  with  the  provisions  in  the  fifth  article  of  the  Consti 
tution."  * 

Of  the  two  modes  prescribed  by  the  Constitution  for  its  own 
amendment,  this  was  the  least  eligible  at  the  existing  crisis,  be 
cause  by  far  the  most  dilatory.  Instead  of  calling  upon  Con 
gress,  then  in  session  and  which  could  act  immediately,  to  pro 
pose  specific  amendments  to  the  Legislatures  of  the  several  States, 
it  adopted  the  circuitous  mode  of  requesting  these  Legislatures, 
in  the  first  instance,  to  apply  to  Congress  to  call  a  Convention. 
Even  should  two-thirds  of  them  respond  in  the  affirmative  to  this 
request,  the  process  would  necessarily  occasion  a  delay  of  years 
in  attaining  the  object,  when  days  were  all-important.  This 
would  entirely  defeat  the  patriotic  purpose  of  the  Peace  Con 
vention.  It  was  called  to  obtain,  if  possible,  a  direct  vote  of 
two-thirds  of  both  Houses  before  the  end  of  the  session  in  favor 
of  such  amendments  as  it  might  recommend.  Could  such  a  vote 
be  obtained,  it  was  confidently  expected  by  the  friends  of  the 
Union  that  its  moral  influence  would,  for  the  present,  satisfy  the 
border  States ;  would  arrest  the  tide  beginning  to  rise  among 
their  people  in  favor  of  secession,  and  might  enable  them  to 
exercise  an  effective  influence  in  reclaiming  the  States  which 
had  already  seceded.  Affairs  were  then  so  urgent  that  long  be 
fore  the  State  Legislatures  could  possibly  ask  Congress  to  call  a 
Convention  as  required  by  Mr.  Baldwin's  proposition,  the  cause 
of  the  Union  might  be  hopeless.  It  was,  therefore,  rejected. 

This  proposition  of  Mr.  Baldwin,  evasive  and  dilatory  as  it 
was,  nevertheless  received  the  votes  of  eight  of  the  twenty-one 
States.f  These  consisted  of  the  whole  of  the  New  England 
States,  except  Rhode  Island,  and  of  Illinois,  Iowa,  and  New 
York,  all  being  free  States.  This  was  an  evil  omen. 

*  Official  Journal  pp.  24  and  25.  t  Ibid.,  p.  63. 


ON   THE   EYE   OF   THE   REBELLION. 


149 


The  first  amendment  reported  by  Mr.  Seddon  differed  from 
that  of  the  majority  inasmuch  as  it  embraced  not  only  the  pres 
ent  but  all  future  Territories.*  This  was  rejected.f  His  sec 
ond  amendment,  which,  however,  was  never  voted  upon  by  the 
Convention,  went  so  far  as  distinctly  to  recognize  the  right  of 
secession. 

It  cannot  be  denied  that  there  was  in  the  Convention  an  ex 
treme  Southern  rights  element,  headed  by  Mr.  Seddon.  This 
manifested  itself  throughout  its  proceedings.  These  show  how 
naturally  extremes  meet.  On  more  than  one  important  occa 
sion,  we  find  the  vote  of  Virginia  and  North  Carolina,  though 
given  in  each  case  by  a  bare  majority  of  their  commissioners, 
side  by  side  with  the  vote  of  Massachusetts  and  Yermont.  It 
would  be  too  tedious  to  trace  the  proceedings  of  the  Convention 
from  the  report  of  the  committee  made  by  Mr.  Guthrie  until 
its  final  adjournment.  It  is  sufficient  to  say  that  more  than 
ten  days  were  consumed  in  discussion  and  in  voting  upon  va 
rious  propositions  offered  by  individual  commissioners.  The 
final  vote  was  not  reached  until  Tuesday,  the  26th  February, 
when  it  was  taken  on  the  first  and  vitally  important  section,  as 
amended.:): 

This  section,  on  which  all  the  rest  depended,  was  negatived 
by  a  vote  of  eight  States  to  eleven.  Those  which  voted  in  its 
favor  were  Delaware,  Kentucky,  Maryland,  New  Jersey,  Ohio, 
Pennsylvania,  Rhode  Island,  and  Tennessee.  And  those  in  the 
negative  were  Connecticut,  Illinois,  Iowa,  Maine,  Massachu 
setts,  Missouri,  New  York,  North  Carolina,  New  Hampshire, 
Yermont,  and  Virginia.  It  is  but  justice  to  say  that  Messrs. 
K'uffin  and  Morehead,  of  North  Carolina,  and  Messrs.  Hives  and 
Summers,  of  Virginia,  two  of  the  five  commissioners  from  each 
of  these  States,  declared  their  dissent  from  the  vote  of  their 
respective  States.  So,  also,  did  Messrs.  Bronson,  Corning, 
Dodge,  Wool,  and  Granger,  five  of  the  eleven  New  York  com 
missioners,  dissent  from  the  vote  of  their  State.  On  the  other 
hand,  Messrs.  Meredith  and  "Wilmot,  two  of  the  seven  commis 
sioners  from  Pennsylvania,  dissented  from  the  majority  in  voting 
in  favor  of  the  section.  Thus  would  the  Convention  have  ter- 

*  Off.  Journal,  pp.  26,  27,  and  28.  t  Ibid.,  p.  28.  J  Ibid.,  p.  70. 


150  MB.  BUCHANAN'S  ADMINISTRATION 

minated  but  for  the  interposition  of  Illinois.  Immediately  after 
the  section  had  been  negatived,  the  commissioners  from  that 
State  made  a  motion  to  reconsider  the  vote,  and  this  prevailed. 
The  Convention  afterwards  adjourned  until  the  next  morning. 
When  they  reassembled  (February  27),  the  first  section  was 
adopted,  but  only  by  a  majority  of  nine  to  eight  States,  nine  being 
less  than  a  majority  of  the  States 'represented.  This  change  was 
effected  by  a  change  of  the  vote  of  Illinois  from  the  negative  to 
the  affirmative,  by  Missouri  withholding  her  vote,  and  by  a  tie 
in  the  New  York  commissioners,  on  account  of  the  absence  of 
one  of  their  number,  rendering  at  impossible  for  the  State  to 
vote.  Still  Yirginia  and  North  Carolina,  in  the  one  extreme, 
and  Connecticut,  Maine,  Massachusetts,  New  Hampshire,  and 
Yermont,  in  the  other,  persisted  in  voting  in  the  negative.  From 
the  nature  of  this  vote^  it  was  manifestly  impossible  that  two- 
thirds  of  both  Houses  of  Congress  should  act  favorably  on  the 
amendment,  even  if  the  delay  had  not  already  rendered  such 
action  impracticable  before  the  close  of  the  session. 

It  would  be  useless  to  refer  to  the  voting  on  the  remaining 
sections  of  the  amendment,  which  were  carried  by  small  major 
ities.*  The  Convention,  on  the  same  day,  through  Mr.  Tyler, 
their  President,  communicated  to  the  Senate  and  House  of  Rep 
resentatives  the  amendment  they  had  adopted,  embracing  all  the 
sections,  with  a  request  that  it  might  be  submitted  by  Congress, 
under  the  Constitution,  to  the  several  State  Legislatures.  In 
the  Senate  this  was  immediately  referred  to  a  select  committee, 
on  motion  of  Mr.  Crittenden.  T]je  committee,  on  the  next 
day  (28th  Feb.),  f  reported  a  joint  resolution  (No.  70)  proposing 
it  as  an  amendment  to  the  Constitution,  but  he  was  never  able 
to  bring  the  Senate  to  a  direct  vote  upon  it.J  Failing  in  this, 
he  made  a  motion  to  substitute  the  amendment  of  the  Peace 
Convention  for  his  own.§  This  he  prefaced  by  declaring  that 
he  looked  upon  the  result  of  the  deliberations  of  that  body 
"  as  affording  the  best  opportunity  for  a  general  concurrence 
among  the  States,  and  among  the  people."  He,  therefore, 
"  had  determined  to  take  it  in  preference  to  his  own  proposi- 

*  Senate  Journal,  pp.  332,  333.  t  Ibid.,  p.  337.          \  Ibid.,  p.  384. 

§  Con.  Globe,  1860-'61,  p.  1404. 


7  ON  THE   EVE  OF  THE  KEBELLION.  ]L51 

tion,  and  had  so  stated  to  many  of  the  members  of  the  Con 
vention."  He  further  said  that  he  had  "  examined  the  proposi 
tions  offered  by  that  Convention ;  they  contain,  in  my  judg 
ment,  every  material  provision  that  is  contained  in  the  resolu 
tion  called  the  Crittenden  Resolution."  He  also  had  adopted 
this  course  "  out  of  deference  to  that  great  body  of  men  selected 
on  the  resolution  of  Virginia,  and  invited  by  Virginia  herself. 
The  body  having  met,  and  being  composed  of  such  men,  and  a 
majority  of  that  Convention  concurring  in  these  resolutions,  I 
think  they  come  to  us  with  a  sanction  entitling  them  to  consid 
eration."  Mr.  Crittenden's  reasons  failed  to  convince  the  Sen 
ate,  and  his  motion  was  rejected  by  a  large  majority  (28  to  7).** 
Then  next  in  succession  came  the  memorable  vote  on  Mr.  Crit 
tenden's  own  resolution,  and  it  was  in  its  turn  defeated,  as  we 
have  already  stated,  by  a  majority  of  20  against  19. 

We  cannot  take  leave  of  this  venerable  patriot,  who  so  wisely 
appreciated  the  existing  danger,  without  paying  a  just  tribute 
to  the  vigor  and  perseverance  of  his  repeated  efforts  to  ward  off 
from  his  country  the  direful  calamity  of  disunion  and  civil  war. 
Well  did  he  merit  the  almost  unanimous  vote  of  the  Virginia 
Convention,  on  the  llth  March,  tendering  him  the  thanks  of  the 
people  of  Virginia  for  "  his  recent  able,  zealous,  and  patriotic 
efforts  in  the  Senate  of  the  United  States,  to  bring  about  a  just 
and  honorable  adjustment  of  our  national  difficulties."  f  This 
vote,  we  may  remark,  was  far  from  being  complimentary  to  the 
conduct  of  a  majority  of  their  own  commissioners  (Messrs.  Ty 
ler,  Brockenbrough,  and  Seddon)  in  the  Peace  Convention. 

In  the  House  of  Representatives,  the  amendment  proposed 
by  the  Convention  was  treated  with  still  less  respect  than  it  had 
been  by  the  Senate.^:  The  Speaker  was  refused  leave  even  to 
present  it.§  Every  effort  made  for  this  purpose  was  successfully 
resisted  by  leading  Republican  members.  The  consequence  is 
that  a  copy  of  it  does  not  even  appear  in  the  Journal. 

Although  the  amendment  was  somewhat  less  favorable  to 
the  South,  and  ought,  therefore,  to  have  been  more  acceptable 
to  the  North  than  the  Crittenden  amendment,  yet  like  this  it 

*  Senate  Journal,  p.  386.  t  National  Intelligencer,  March  14,  1861. 

I  Con.  Globe,  pp.  1331,  1332,  1333.        §  House  Journal,  pp.  446,  448,  449. 


152  ME.  BUCHANAN'S  ADMINISTRATION 

encountered  the  opposition  of  every  Republican  member  in  both 
Houses  of  Congress.  Nevertheless,  it  presented  a  basis  of  com 
promise  which,  had  it  been  conceded  by  the  North,  might  and 
probably  would  have  been  accepted  by  the  people  of  the  border 
States,  in  preference  to  the  fearful  alternative  of  their  secession 
from  the  Union. 


ON  THE   EVE   OF  THE  KEBELLIOtf.  153 


CHAPTER    VIII. 

Congress  passes  no  measures  to  enable  the  President  to  execute  the  laws  or  defend  the 
Government — They  decline  to  revive  the  authority  of  the  Federal  Judiciary  in 
South  Carolina,  suspended  by  the  resignation  of  all  the  judicial  officers — They 
refuse  authority  to  call  forth  the  militia  or  accept  volunteers,  to  suppress  insur 
rections  against  the  United  States,  and  it  was  never  proposed  to  grant  an  appro 
priation  for  this  purpose— The  Senate  declines  throughout  the  entire  session  to  act 
upon  the  nomination  of  a  Collector  of  the  Port  of  Charleston — Congress  refuses  to 
grant  to  the  President  the  authority  long  since  expired,  which  had  been  granted 
to  General  Jackson  for  the  collection  of  the  revenue— The  36th  Congress  expires, 
leaving  the  law  just  as  they  found  it — General  observations. 

WE  have  already  seen  that  Congress,  throughout  the  entire 
session,  refused  to  adopt  any  measures  of  compromise  to  prevent 
civil  war,  or  to  retain  first  the  cotton  or  afterwards  the  border 
States  within  the  Union.  Failing  to  do  this,  and  whilst  wit 
nessing  the  secession  of  one  after,  another  of  the  cotton  States, 
the  withdrawal  of  their  Senators  and  Representatives,  and  the 
formation  of  their  Confederacy,  it  was  the  imperative  duty 
of  Congress  to  furnish  the  President  or  his  successor  the 
means  of  repelling  force  by  force,  should  this  become  necessary 
to  preserve  the  Union.  They,  nevertheless,  refused  to  perform 
this  duty  with  as  much  pertinacity  as  they  had  manifested  in 
repudiating  all  measures  of  compromise. 

1.  At  the  meeting  of  Congress  a  Federal  Judiciary  had 
ceased  to  exist  in  South  Carolina.  The  District  Judge,  the  Dis 
trict  Attorney,  and  the  United  States  Marshal  had  resigned 
their  offices.  These  ministers  of  justice  had  all  deserted  their 
posts  before  the  act  of  secession,  and  the  laws  of  the  United 
States  could  no  longer  be  enforced  through  their  agency.  We 
have  already  seen  that  the  President,  in  his  message,  called  the 


154  ME.  BUCHANAN'S  ADMINISTRATION 

attention  of  Congress  to  this  subject,  but  no  attempt  was  made 
in  either  House  to  provide  a  remedy  for  the  evil. 

2.  Congress  positively  refused  to  pass  a  law  conferring  on 
the  President  authority  to  call  forth  the  militia,  or  accept  the 
services  of  volunteers,  to  suppress  insurrections  which  might 
occur  in  any  State  against  the  Government  of  the  United  States. 
It  may  appear  strange  that  this  power  had  not  long  since  been 
vested  in  the  Executive.  The  Act  of  February  28,  1795,*  the 
only  law  applicable  to  the  subject,  provides  alone  for  calling 
forth  the  militia  to  suppress  insurrections  against  State  Govern 
ments,  without  making  any  similar  provision  for  suppressing 
insurrections  against  the  Government  of  the  United  States.  If 
any  thing  were  required  beyond  a  mere  inspection  of  the  act  to 
render  this  clear,  it  may  be  found  in  the  opinion  of  Attorney- 
General  Black,  of  the  20th  November,  1860.  Indeed  it  is  a  plain 
casus  omissus.  This  palpable  omission,  which  ought  to  have 
been  instantly  supplied,  was  suffered  to  continue  until  after  the 
end  of  Mr.  Buchanan's  administration,  when  on  the  29th  July, 
1861,  Congress  conferred  this  necessary  power  on  the  President.! 
The  framers  of  the  Act  of  1795  either  did  not  anticipate  an 
insurrection  within  any  State  against  the  Federal  Government, 
or  if  they  did,  they  purposely  abstained  from  providing  for  it. 
Even  in  regard  to  insurrections  against  a  State  Government,  so 
jealous  were  they 'of  any  interference  on  the  part  of  the  Federal 
Government  with  the  rights  of  the  States,  that  they  withheld 
from  Congress  the  power  to  protect  any  State  "  against  domes 
tic  violence,"  except  "  on  the  application  of  the  Legislature,  or 
of  the  Executive  (when  the  Legislature  cannot  be  convened)." 
Under  the  Act  of  1795,  therefore,  the  President  is  precluded 
from  acting  even  upon  his  own  personal  and  absolute  knowledge 
*  of  the  existence  of  such  an  insurrection.  Before  he  can  call 
forth  the  militia  for  its  suppression,  he  must  first  be  applied  to 
for  this  purpose  by  the  appropriate  State  authorities,  in  the 
manner  prescribed  by  the  Constitution.  It  was  the  duty  of 
Congress,  immediately  after  their  meeting,  to  supply  this  defect 
in  our  laws,  and  to  confer  an  absolute  authority  on  the  Presi 
dent  to  call  forth  the  militia,  and  accept  the  services  of  volun- 

*  1  Stat.  at  Large,  p.  424.  f  12  U.  S.  Stat.  at  Large,  p.  281. 


ON  THE  EVE  OF  THE  REBELLION.  155 

teers,  to  suppress  insurrections  against  the  United  States,  when 
ever  or  wherever  they  might  occur.  This  was  a  precautionary 
measure  which,  independently  of  existing  dangers,  ought  long 
since  to  have  formed  a  part  of  our  permanent  legislation.  But 
no  attempt  was  ever  made  in  Congress  to  adopt  it  until  after 
the  President's  special  message  of  the  8th  January,  1861,  and 
then  the  attempt  entirely  failed.  Meanwhile  the  aspect  of  pub 
lic  affairs  had  become  more  and  more  threatening.  Mr.  Crit- 
tenden's  amendment  had  been  defeated  before  the  Committee 
of  Thirteen,  on  the  last  day  of  December ;  and  it  was  also  highly 
probable  that  his  proposition  before  the  Senate  to  refer  it  to  a 
vote  of  the  people  of  the  States,  would  share  the  same  fate. 
South  Carolina  and  Florida  had  already  seceded,  and  the  other 
cotton  States  had  called  Conventions  for  the  purpose  of  seceding. 
Nay,  more,  several  of  them  had  already  seized  the  forts,  maga 
zines,  and  arsenals  within  their  limits.  Still  all  this  failed  to 
produce  any  effect  upon  Congress.  It  was  at  this  crisis  the 
President  sent  his  special  message  to  Congress  (8th  January, 
1861),  by  which  he  endeavored  to  impress  them  with  the  neces 
sity  for  immediate  action.  He  concealed  nothing  from  them. 
"Whilst  still  clinging  to  the  fading  hope  that  they  might  yet  pro 
vide  for  a  peaceful  adjustment  of  our  difficulties,  and  strongly 
recommending  this  course,  he  says  :  "  Even  now  the  danger  is 
upon  us.  In  several  of  the  States  which  have  not  yet  seceded, 
the  forts,  arsenals,  and  magazines  of  the  United  States  have 
been  seized.  This  is  by  far  the  most  serious  step  which  has 
been  taken  since  the  commencement  of  the  troubles.  *  *  * 
The  seizure  of  this  property,  from  all  appearances,  has  been 
purely  aggressive,  and  not  in  resistance  to  any  attempt  to  coerce 
a  State  or  States  to  remain  in  the  Union."  He  also  stated  the 
well-known  fact  that  our  small  army  was  on  the  remote  fron 
tiers,  and  was  scarcely  sufficient  to  guard  the  inhabitants  against 
Indian  incursions,  and  consequently  our  forts  were  without  suffi 
cient  garrisons. 

Under  these  circumstances  he  appeals  to  Congress  in  the  fol 
lowing  language :  "  But  the  dangerous  and  hostile  attitude  of 
the  States  toward  each  other  has  already  far  transcended  and  cast 
in  the  shade  the  ordinary  executive  duties  already  provided  for 


156  ME.  BUCHANAN'S  ADMINISTRATION 

by  law,  and  lias  assumed  such  vast  and  alarming  proportions  as 
to  place  the  subject  entirely  above  and  beyond  executive  control. 
The  fact  cannot  be  disguised  that  we  are  in  the  midst  of  a  great 
revolution.  In  all  its  various  bearings,  therefore,  I  commend 
the  question  to  Congress,  as  the  only  human  tribunal,  under 
Providence,  possessing  the  power  to  meet  the  existing  emergency. 
To  them  exclusively  belongs  the  power  to  declare  war,  or  to 
authorize  the  employment  of  military  force  in  all  cases  contem 
plated  by  the  Constitution ;  and  they  alone  possess  the  power  to 
remove  grievances  which  might  lead  to  war,  and  to  secure  peace 
and  union  to  this  distracted  country.  On  them,  and  on  them 
alone,  rests  the  responsibility." 

Congress  might,  had  they  thought  proper,  have  regarded  the 
forcible  seizure  of  these  forts  and  other  property,  including  that 
of  the  Branch  Mint  at  New  Orleans  with  all  the  treasure  it  con 
tained,  as  the  commencement  of  an  aggressive  war.  Beyond 
question  the  cotton  States  had  now  committed  acts  of  open  hos 
tility  against  the  Federal  Government.  They  had  always  con 
tended  that  secession  was  a  peaceful  constitutional  remedy,  and 
that  Congress  had  no  power  to  make  wa*r  against  a  sovereign 
State  for  the  purpose  of  coercing  her  to  remain  in  the  Union. 
They  could  no  longer  shelter  themselves  under  this  plea.  They 
had  by  their  violent  action  entirely  changed  the  position  they 
had  assumed ;  and  instead  of  peacefully  awaiting  the  decision 
of  Congress  on  the  question  of  coercion,  they  had  themselves  be 
come  the  coercionists  and  assailants.  This  question  had,  there 
fore,  passed  away.  No  person  has  ever  doubted  the  right  or  the 
duty  of  Congress  to  pass  laws  enabling  the  President  to  defend 
the  Union  against  armed  rebellion.  Congress,  however,  still 
shrunk  from  the  responsibility  of'  passing  any  such  laws.  This 
might  have  been  commendable  had  it  proceeded  from  a  sincere 
desire  not  to  interpose  obstacles  to  a  compromise  intended  to  pre 
vent  the  effusion  of  fraternal  blood  and  restore  the  Union.  Still 
in  any  event  the  time  had  arrived  when  it  was  their  duty  to 
make  at  the  least  contingent  provisions  for  the  prosecution  of  the 
war,  should  this  be  rendered  inevitable.  This  had  become  the 
more  necessary  as  Congress  would  soon  expire,  and  the  new  Con 
gress  could  not  be  convened  for  a  considerable  period  after  the 


ON  THE  EVE  OF  THE  EEBELLION.  157 

old  one  had  ceased  to  exist,  because  a  large  portion  of  the  Rep 
resentatives  had  not  then  been  elected.  These  reasons,  however, 
produced  no  effect. 

The  President's  special  message  *  was  referred,  two  days  after 
its  date  (10th  January),  by  the  House  of  Representatives  to  a 
special  committee,  of  which  Mr.  Howard,  of  Michigan,  was 
chairman.  Nothing  was  heard  from  this  committee  for  the 
space  of  twenty  days.  They  then,  on  the  30th  January,  through 
Mr.  John  H.  Reynolds,  of  New  York,  one  of  its  members,  re 
ported  a  bill  f  enabling  the  President  to  call  forth  the  militia  or  to 
accept  the  services  of  volunteers  for  the  purpose  of  protecting 
the  forts,  magazines,  arsenals,  and  other  property  of  the  United 
States ;  and  to  "  recover  possession  "  of  such  of  these  as  "  has 
been  or  may  hereafter  be  unlawfully  seized  or  taken  possession 
of  by  any  combination  of  persons  whatever."  Had  this  bill  be 
come  a  law,  it  would  have  been  the  duty  of  the  President  at 
once  to  raise  a  volunteer  or  militia  force  to  recapture  the  forts 
which  had  been  already  seized.  But  Congress  was  not  then 
prepared  to  assume  such  a  responsibility.  Mr.  Reynolds  accord 
ingly  withdrew  his  bill  from  the  consideration  of  the  House  on 
the  very  day  it  was  reported.  On  his  own  motion  it  was  recom 
mitted,  and  thus  killed  as  soon  as  it  saw  the  light.  It  was  never 
heard  of  more. 

Then,  after  another  pause  of  nineteen  days,  and  only  a  fort 
night  before  the  close  of  the  session,  the  Committee  on  Military 
Affairs,  through  Mr.  Stanton,  of  Ohio,  their  chairman,  on  the 
18th  February  reported  another  bill  §  on  the  subject,  but  of  a 
more  limited  character  than  that  which  had  been  withdrawn.  It 
is  remarkable  that  it  contains  no  provision  touching  the  recovery 
of  the  forts  and  other  property  which  had  been  already  seized  by 
the  delinquent  States.  It  did  no  more  than  provide  that  the 
powers  already  possessed  by  the  President,  under  the  Act  of 
1795,  to  employ  the  militia  in  suppressing  insurrections  against 
a  State  Government,  should  be  "  extended  to  the  case  of  insur 
rections  against  the  authority  of  the  United  States,"  with  the 
additional  authority  to  "  accept  the  services  of  such  volunteers 

*  Con.  Globe,  p.  316.  t  Ibid.,  p.  645,  bills  of  H.  E.,  No.  698. 

flbid.,  p.  1001,  bill  1003,  H.  R. 


158  ME.  BUCHANAN'S  ADMINISTRATION 

as  may  offer  their  services  for  the  purpose  mentioned."  Thus 
all  hostile  action  for  the  recovery  of  the  forts  already  seized  was 
excluded  from  the  bill.  It  is  difficult  to  conceive  what  reasona 
ble  objection  could  be  made  to  this  bill,  except  that  it  did  not 
go  far  enough  and  embrace  the  forts  already  seized ;  and  more 
especially  as  when  it  was  reported  we  may  recollect  that  the 
Confederate  Congress  had  already  been  ten  days  in  session  at 
Montgomery,  Alabama,  and  had  adopted  a  Provisional  Consti 
tution.  Notwithstanding  all  this,  the  House  refused  to  act  upon 
it.  The  bill  was  discussed  on  several  occasions  until  Tuesday, 
26th  February.  On  that  day  a  motion  was  made  by  Mr.  Cor- 
win,  of  Ohio,  to  postpone  its  consideration  until  Thursday,  the 
28th  February.*  Mr.  Stanton,  the  reporter  of  the  bill,  resisted 
this  motion,  stating  that  such  a  postponement  would  be  fatal  to 
it.  "  It  will,"  said  he,  "  be  impossible  after  that  to  have  it 
passed  by  the  Senate  "  (before  the  4th  March).  He,  therefore, 
demanded  the  ayes  and  noes ;  and  notwithstanding  his  warning, 
Mr.  Corwin's  motion  prevailed  by  a  vote  of  100  to  74,  and  thus 
the  bill  was  defeated. 

It  may  be  proper  to  observe  that  Mr.  Corwin,  whose  motion 
killed  the  bill,  was  a  confidential  friend  of  the  President  elect, 
then  present  in  Washington,  and  was  soon  thereafter  appointed 
minister  to  Mexico. 

But  even  had  Congress  passed  this  bill,  it  would  have  proved 
wholly  inefficient  for  want  of  an  appropriation  to  carry  it  into 
effect.  The  Treasury  was  empty;  but  had  it  been  Ml,  the 
President  could  not  have  drawn  from  it  any,  even  the  most 
trifling  sum,  without  a  previous  appropriation  by  law.  The 
rinion  of  the  purse  with  the  sword,  in  the  hands  of  the  Execu 
tive,  is  wholly  inconsistent  with  the  idea  of  a  free  government. 
The  power  of  the  legislative  branch  to  withhold  money  from 
the  Executive,  and  thus  restrain  him  from  dangerous  projects 
of  his  own,  is  a  necessary  safeguard  of  liberty.  This  exists 
in  every  government  pretending  to  be  free.  Hence  our  Con 
stitution  has  declared  that  "  no  money  shall  be  drawn  from  the 
Treasury  but  in  consequence  of  appropriations  made  by  law." 
It  is,  therefore,  apparent  that  even  if  this  bill  had  become  a 

*  Con.  Globe,  1232. 


ON  THE  EVE  OF  THE  REBELLION.  159 

law,  it  could  not  have  been  carried  into  effect  by  the  President 
without  a  direct  violation  of  the  Constitution.  "Not withstand 
ing  these  insuperable  obstacles,  no  member  of  either  House, 
throughout  the  entire  session,  ever  even  proposed  to  raise  or  appro 
priate  a  single  dollar  for  the  defence  of  the  Government  against 
armed  rebellion.-  Congress  not  only  refused  to  grant  the  President 
the  authority  and  force  necessary  to  suppress  insurrections  against 
the  United  States ;  but  the  Senate,  by  refusing  to  confirm  his 
nomination  of  a  collector  of  the  customs  for  the  port  of  Charles 
ton,  effectually  tied  his  hands  and  rendered  it  impossible  for  him 
to  collect  the  revenue  within  that  port.  In  his  annual  message 
he  had  expressed  the  opinion  that  "  the  same  insuperable  obsta 
cles  do  not  lie  in  the  way  of  executing  the  [existing]  laws  for  the 
collection  of  customs  on  the  seaboard  of  South  Carolina  as  had 
been  interposed  to  prevent  the  administration  of  justice  under 
the  Federal  authority  within  the  interior  of  that  State."  At  all 
events  he  had  determined  to  make  the  effort  with  the  naval 
force  under  his  command.  He  trusted  that  this  might  be  accom 
plished  without  collision ;  but  if  resisted,  then  the  force  neces 
sary  to  attain  the  object  must  be  applied.  Accordingly,  whilst 
informing  Congress  "  that  the  revenue  still  continues  to  be  col 
lected  as  heretofore  at  the  custom  house  in  Charleston,"  he  says 
that  "  should  the  collector  unfortunately  resign,  a  successor  may 
be  appointed  to  perform  this  duty.  The  collector  (William  F. 
Colcock)  continued  faithfully  to  perform  his  duties  until  some 
days  after  the  State  had  seceded,  when  at  the  end  of  December 
he  resigned.  The  President,  immediately  afterwards,  on  the  2d 
January,  nominated  to  the  Senate,  as  his  successor,  Mr.  Peter 
Mclntire,  of  Pennsylvania,  a  gentleman  well  qualified  for  the 
office.  The  selection  could  not  have  been  made  from  Soufh 
Carolina,  because  no  citizen  of  that  State  would  have  accepted 
the  appointment.  The  Senate,  throughout  their  entire  session, 
never  acted  upon  the  nomination  of  Mr.  Mclntire  ;  and  without 
a  collector  of  customs  duly  appointed,  it  was  rendered  impossi 
ble  for  the  President,  under  any  law  in  existence,  to  collect  the 
revenue. 

But  even  if  the  Senate  had  confirmed  Mr.  Mclntire's  nomi 
nation,  it  is  extremely  doubtful  whether  the  President  could 
11 


160  MB.  BUCHANAN'S  ADMINISTRATION 

lawfully  have  collected  the  revenue  against  the  forcible  resist 
ance  of  the  State,  unless  Congress  had  conferred  additional 
powers  upon  him.  For  this  purpose  Mr.  Bingham,  of  Ohio,  on 
the  3d  January,  1861,*  the  day  after  Mr.  Mclntire's  nomina 
tion  to  the  Senate,  reported  a  bill  from  the  Judiciary  Commit 
tee,  further  to  provide  for  the  collection  of  duties  on  imports. 
This  bill  embraced  substantially  the  same  provisions,  long  since 
expired,  contained  in  the  Act  of  2d  March,  1833,  commonly 
called  "  the  Force  Bill,"  to  enable  General  Jackson  to  collect 
the  revenue  outside  of  Charleston,  "  either  upon  land  or  on 
board  any  vessel."  Mr.  Bingham's  bill  was  permitted  to  slum 
ber  on  the  files  of  the  House  until  the  2d  March,  the  last  day 
but  one  before  Congress  expired,f  when  he  moved  for  a  suspen 
sion  of  the  rules,  to  enable  the  House  to  take  it  up  and  consider 
it,  but  his, motion  proved  unsuccessful.  Indeed,  the  motion  was 
not  made  until  so  late  an  hour  of  the  session  that  even  if  it  had 
prevailed,  the  bill  could  not  have  passed  both  Houses  before  the 
final  adjournment.  Thus  the  President  was  left  both  without 
a  collector  of  customs,  and  most  probably  without  any  law 
which  a  collector  could  have  carried  into  effect,  had  such  an 
officer  existed.  Mr.  Bingham's  bill  shared  the  fate  of  all  other 
legislative  measures,  of  whatever  character,  intended  either  to 
prevent  or  to  confront  the  existing  danger.  From  the  persist 
ent  refusal  to  pass  any  act  enabling  either  the  outgoing  or  the 
incoming  administration  to  meet  the  contingency  of  civil  wax, 
it  may  fairly  be  inferred  that  the  friends  of  Mr.  Lincoln,  in  and 
out  of  Congress,  believed  he  would  be  able  to  settle  the  existing 
difficulties  with  the  cotton  States  in  a  peaceful  manner,  and 
that  he  might  be  embarrassed  by  any  legislation  contemplating 
the  necessity  of  a  resort  to  hostile  measures. 

The  36th  Congress  expired  on  the  3d  March,  1861,  leaving 
the  law  just  as  they  had  found  it.  They  made  no  provision 
whatever  for  the  suppression  of  threatened  rebellion,  but  delib 
erately  refused  to  grant  either  men  or  money  for  this  purpose. 
It  was  this  violation  of  duty  which  compelled  President  Lin 
coln  to  issue  a  proclamation  convening  the  new  Congress,  in 
special  session,  immediately  after  the  attack  on  Fort  Sumter. 

*  Con.  Globe,  p.  236,  bills  H.  RM  No.  910.          t  H.  Journal,  p.  465 


ON   THE   EVE   OF   THE   EEBELL^N.  161 

Urgent  and  dangerous  emergencies  may  have  arisen,  or  may 
hereafter  arise  in  the  history  of  our  country,  rendering  delay 
disastrous,  such  as  the  bombardment  of  Fort  Sumter  by  the 
Confederate  Government,  which  would  for  the  moment  justify 
the  President  in  violating  the  Constitution,  by  raising  a  military 
force  without  the  authority  of  law,  but  this  only  during  a  recess 
of  Congress.  Such  extreme  cases  are  a  law  unto  themselves. 
They  must  rest  upon  the  principle  that  it  is  a  lesser  evil  to 
usurp,  until  Congress  can  be  assembled,  a  power  withheld  from 
the  Executive,  than  to  suffer  the  Union  to  be  endangered,  either 
by  traitors  at  home  or  enemies  from  abroad.  In  all  such  cases, 
however,  it  is  the  President's  duty  to  present  to  Congress,  imme 
diately  after  their  next  meeting,  the  causes  which  impelled  him 
thus  to  act,  and  ask  for  their  approbation ;  just  as,  on  a  like 
occasion,  a  British  minister  would  ask  Parliament  for  a  bill  of 
indemnity.  It  would  be  difficult,  however,  to  conceive  of  an 
emergency  so  extreme  as  to  justify  or  even  excuse  a  President 
for  thus  transcending  his  constitutional  powers  whilst  Congress, 
to  whom  he  could  make  an  immediate  appeal,  was  in  session. 
Certainly  no  such  case  existed  during  the  administration  of  the 
late  President.  On  the  contrary,  not  only  was  Congress  actually 
in  session,  but  bills  were  long  pending  before  it  for  extending 
his  authority  in  calling  forth  the  militia,  for  enabling  him  to 
accept  the  services  of  volunteers,  and  for  the  employment  of  the 
navy,  if  necessary,  outside  of  ports  of  entry  for  the  collection 
of  the  revenue,  all  of  which  were  eventually  rejected.  Under 
these  circumstances,  had  the  President  attempted,  of  his  own 
mere  will,  to  exercise  these  high  powers,  whilst  Congress  were 
at  the  very  time  deliberating  whether  to  grant  them  to  him  or 
not,  he  would  have  made  himself  justly  liable  to  impeachment. 
This  would  have  been  for  the  Executive  to  set  at  defiance  both 
the  Constitution  and  the  legislative  branch  of  the  Government. 


162  M     BUCHANAN'S  ADMINISTRATION 


CHAPTEE    IX. 

The  forts  in  Charleston  harbor— Conduct  toward  them  and  the  reasons  for  it— To 
guard  against  surprise  reenforcements  ready — Instructions  to  Major  Anderson — 
Interview  with  South  Carolina  members — General  Scott  again  recommends  the 
garrisoning  of  all  the  forts — Reasons  against  it — The  compromise  measures  still 
depending — Want  of.  troops — Observations  on  General  Scott's  report  to  Pres 
ident  Lincoln — His  letter  to  Secretary  Seward,  and  the  manner  in  which  it,  with 
the  report,  was  brought  to  light  and  published — Mr.  Buchanan's  reply  to  the  re 
port — General  Scott's  statement  of  the  interview  with  President  Buchanan  on 
15th  December,  and  observations  thereupon — The  example  of  General  Jackson  in 
1833,  and  why  it  was  inapplicable. 

IT  is  now  necessary  to  recur  to  the  condition  of  the  forts  and 
other  public  property  of  the  United  States  within  South  Caro 
lina,  at  the  date  of  the  President's  annual  message,  on  the  3d 
December,  1860.  In  regard  to  that  property  the  message  says : 
"  This  has  been  purchased  for  a  fair  equivalent,  by  the  consent 
of  the  Legislature  of  the  State,  for  the  '  erection  of  forts,  maga 
zines,  arsenals,'  and  over  these  the  authority  '  to  exercise  exclu 
sive  legislation '  has  been  expressly  granted  by  the  Constitution 
to  Congress.  It  is  not  believed  that  any  attempt  will  be  made 
to  expel  the  United  States  from  this  property  by  force,  but  if  in 
this  I  should  prove  to  be  mistaken,  the  officer  in  command  of 
the  forts  has  received  orders  to  act  strictly  on  the  defensive.  In 
such  a  contingency  the  responsibility  for  consequences  would 
rightfully  rest  upon  the  heads  of  the  assailants."  Thus  if  war 
must  come,  the  President  had  determined  to  fix  the  whole  re 
sponsibility  for  its  commencement  on  South  Carolina.  In  order 
to  estimate  correctly  the  wisdom  of  this  defensive  policy,  it  is 
necessary  to  revert  to  the  condition  of  the  country  on  the  3d 
December,  1860,  when  it  was  announced.  At  this  period  we 


ON  THE  EVE  OF  THE  REBELLION.  163 

may  divide  the  Southern  States  into  three  classes,  holding  opin 
ions  variant  from  each  other. 

1.  There  was  South  Carolina,  which  had  been  the  avowed 
and  persistent  advocate  of  disunion  for  more  than  a  quarter  of 
a  century.     She  had  already  called  a  Convention  for  the  pur 
pose  of  seceding  from  the  Union.     Her  leading  secessionists 
were  ever  on  the  alert  to  seize  upon  any  action  of  the  Federal 
Government  which  they  might  wrest  to  the  purpose  of  alienat 
ing  the  other  slaveholding  States  from  their  attachment  to  the 
Union,  and  enlisting  them  in  her  cause. 

2.  The  second  class  was  composed  of  the  six  other  cotton 
States.     The  people  of  these,  although  highly  excited  against 
the  abolitionists,  were  still  unwilling  to  leave  the  Union.     They 
would  have  been  content,  notwithstanding  the  efforts  of  seces 
sion  demagogues,  with  a  simple  recognition  of  their  adjudged 
rights  to  take  slaves  into  the  Territories,  and  hold  them  there 
like  other  property,  until  a  territorial  convention,  assembled  to 
frame  a  State  constitution,  should  decide  the  question.     To  this 
decision,  whatever  it  might  be,  they  professed  their  willingness  to 
submit.     Indeed,  as  has  already  been  seen  from  the  statements 
of  Messrs.  Douglas  and  Toombs  in  the  Senate,  they  would  have 
consented  to  abandon  their  rights  in  all  the  Territories  north  of 
36a  30',  leaving  what  should  remain  to  them  little  more  than  a 
name. 

3.  The  third  class  consisted  of  the  border  slaveholding  States, 
with  Virginia  at  the  head.     A  large  majority  of  their  people, 
although  believing  in  the  right  of  peaceful  secession,  had  resisted 
all  the  efforts  of  the  extreme  men  in  their  midst,  and  were  still 
devoted  to  the  Union.     Of  this  there  could  be  no  better  proof 
than  the  result  of  the  election  held  in  Virginia,  February  4, 
1861,  for  the  choice  of  delegates  to  her  State  Convention,  even 
after  the  cotton  States  had  all  seceded.*    This  showed  that  a 
very  large  majority  of  the  delegates  elected  were  in  favor  of 
remaining  in  the  Union. 

Under  these  circumstances,  it  is  easy  to  imagine  what  would 
have  been  the  effect  on  the  other  Southern  States  of  sending  a 
feeble  force  of  United  States  troops  to  Fort  Moultrie  at  this  criti- 

*  Appleton's  Annual  Cyclopaedia  for  1861,  p.  730. 


164:  ME.  BUCHANAN'S  ADMINISTRATION 

cal  conjuncture.  Had  collision  been  the  consequence,  and  blood 
been  shed  immediately  before  the  meeting  of  Congress,  the 
other  cotton  States,  from  their  well-known  affinities,  would  have 
rushed  to  the  support  of  South  Carolina,  She  would  thus  have 
accomplished  her  long-sought  object.  Indeed,  it  was  the  current 
report  of  the  day  that  her  leading  disunionists  had  declared  the 
spilling  of  a  little  blood  would  be  necessary  to  secure  the  coop 
eration  of  other  Southern  States.  Besides,  in  the  President's 
opinion,  there  was  no  necessity,  at  the  time,  for  any  reenforce- 
ment  to  secure  the  forts  in  the  harbor  of  Charleston.  He  was 
convinced  that  while  the  other  slaveholding  States  were  ready 
and  willing  to  compromise  with  the  North,  South  Carolina  would 
not  dare  to  attack  Fort  Moultrie.  This  conviction  did  not 
spring  from  any  confidence  in  her  spirit  of  forbearance ;  it 
arose  from  a  certain  knowledge  that  such  an  outrage  would  be 
condemned  not  only  by  the  border  but  by  the  cotton  States.  It 
would  estrange  and  separate  them  from  her,  at  the  very  moment 
she  was  most  solicitous  to  conciliate  them.  Whoever  was  in 
"Washington  at  the  time  cannot  fail  to  recollect  the  denunciations 
in  advance  of  leading  Southern  men  against  such  an  unprovoked 
attack.  The  public  property  stood  within  her  limits — three 
forts,  a  custom  house,  an  arsenal,  and  a  post  office,  covered  by 
the  flag  of  the  country.  From  these  she  knew  she  had  nothing 
to  fear  unless  she  should  first  make  the  attack.  Such  an  out 
rage  as  the  seizure  of  a  fort  of  the  United  States  by  any  State 
had  never  before  been  imagined.  There  must  be  a  fearful  sus 
pense  between  the  conception  and  the  commission  of  such  an 
act.  It  was  the  supreme  object  of  the  President  to  promote,  by  all 
the  means  in  his  power,  such  a  fair  and  honorable  adjustment  be 
tween  the  North  and  the  South  as  would  save  the  country  from 
the  scourge  of  civil  war.  It  was,  therefore,  his  evident  policy  to 
isolate  South  Carolina,  as  far  as  possible,  from  the  other  South 
ern  States ;  and  for  this  purpose  to  refrain  from  any  act  which 
might  enable  her  to  enlist  them  in  her  cause.  If,  after  all,  she 
should  attack  Fort  Moultrie,  this  act  would  have  met  their  uni 
versal  condemnation.  Besides,  nothing  short  of  such  an  attack 
could  have  united  the  people  of  the  North  in  suppressing  her  re 
volt.  They  were  then  far  from  being  prepared  for  civil  war. 


ON  THE   EVE   OF   THE   BEBELLIOtf.  165 

On  the  contrary,  they  were  intent  on  a  peaceful  solution  of  our 
difficulties,  and  would  have  censured  any  act  of  the  administra 
tion  which  might  have  defeated  this  purpose  and  precipitated 
them  into  hostilities.  The  true  policy  was  that  expressed  by 
President  Lincoln  to  the  seceded  cotton  States  in  his  inaugural 
months  afterward,  in  which  he  informs  them,  "  You  can  have  no 
conflict  without  being  yourselves  the  aggressors."  Although  the 
President  believed  (and  this  with  good  cause,  as  the  event  has 
shown),  that  under  the  existing  'circumstances,  South  Carolina 
would  not  attack  any  of  the  forts  in  the  harbor  of  Charleston 
whilst  he  suffered  their  status  quo  to  remain  ;  yet  in  this  it  was 
possible  he  might  be  mistaken.  To  guard  against  surprise  after 
the  secession  of  the  State,  which  was  then  imminent,  he  had  pre 
pared  an  expedition  as  powerful  as  his  limited  means  would 
afford,  to  send  reinforcements  to  Major  Anderson,  at  the  first 
moment  of  danger.  For  this  purpose  the  Secretary  of  the  Navy 
had  stationed  the  Brooklyn,  a  powerful  war  steamer,  then  com 
pletely  ready  for  sea,  in  Hampton  Roads,  to  take  on  board  for 
Charleston  three  hundred  disciplined  troops,  with  provisions  and 
munitions  of  war,  from  the  neighboring  garrison  of  Fortress 
Monroe. 

Having  thus  provided  for  the  reinforcement  of  the  forts,  in 
case  of  need,  the  Secretary  of  War  despatched  Assistant  Adju 
tant-General  Buell  to  Major  Anderson,  at  Fort  Moultrie,  with 
instructions  how  he  should  act  in  his  present  position.  These 
were  communicated  to  him  on  the  llth  December,  1860. 
Whilst  they  instructed  the  Major  to  avoid  every  act  of  aggres 
sion,  they  directed  him,  in  case  of  an  attack  upon,  or  an  attempt 
to  take  possession  of,  aiiy  of  the  three  forts  under  his  command, 
to  defend  them  to  the  last  extremity.  Furthermore,  he  was 
authorized,  as  a  precautionary  measure,  should  he  believe  his 
force  insufficient  for  the  defence  of  all  three,  to  remove  it  at  his 
discretion  from  Fort  Moultrie  to  Fort  Sumter,  whenever  he 
should  have  tangible  evidence  of  a  design,  on  the  part  of  South 
Carolina,  to  proceed  to  a  hostile  act.  We  say  to  Fort  Sumter, 
because  the  third  fort,  Castle  Pinckney,  was  wholly  indefensi 
ble.  From  the  important  bearing  of  these  instructions  upon 
subsequent  events,  they  are  entitled  to  textual  insertion.  They 


166  MK.  BUCHANAN'S  ADMINISTRATION 

are  as  follows :  *  "  You  are  aware  of  the  great  anxiety  of  the 
Secretary  of  War,  that  a  collision  of  the  troops  with  the  people 
of  the  State  sl^all  be  avoided,  and  of  his  studied  determination 
to  pursue  a  course  with  reference  to  the  military  force  and  forts 
in  this  harbor,  which  shall  guard  against  such  a  collision.  He 
has,  therefore,  carefully  abstained  from  increasing  the  force  at 
this  point,  or  taking  any  measures  which  might  add  to  the  pres 
ent  excited  state  of  the  public  mind,  or  which  would  throw  any 
doubt  on  the  confidence  he  feels  that  South  Carolina  will  not 
attempt  by  violence  to  obtain  possession  of  the  public  works  or 
interfere  with  their  occupancy.  But  as  the  counsel  and  acts  of 
rash  and  impulsive  persons  may  possibly  disappoint  these  expec 
tations  of  the  Government,  he  deems  it  proper  that  you  shall  be 
prepared  with  instructions  to  meet  so  unhappy  a  contingency.  He 
has,  therefore,  directed  me  verbally  to  give  you  such  instructions. 
You  are  carefully  to  avoid  every  act  which  would  needlessly 
tend  to  provoke  aggression,  and  for  that  reason  you  are  not, 
without  evident  and  imminent  necessity,  to  take  up  any  position 
which  could  be  construed  into  the  assumption  of  a  hostile  atti 
tude,  but  you  are  to  hold  possession  Of  the  forts  in  this  harbor, 
and  if  attacked  you  are  to  defend  yourself  to  the  last  extremity. 
The  smallness  of  your  force  will  not  permit  you,  perhaps,  to 
occupy  more  than  one  of  the  three  forts,  but  an  attack  on  or 
attempt  to  take  possession  of  either  one  of  them  will  be  regarded 
as  an  act  of  hostility,  and  you  may  then  put  your  command  into 
either  of  them  which  you  may  deem  most  proper  to  increase  its 
power  of  resistance.  You  are  also  authorized  to  take  similar 
defensive  steps  whenever  you  have  tangible  evidence  of  a  design 
to  proceed  to  a  hostile  act."  * 

The  President  having  observed  that  Major  Buell,  in  reducing 
to  writing  at  Fort  Moultrie  the  instructions  he  had  verbally  re 
ceived,  required  Major  Anderson,  in  case  of  attack,  to  defend 
himself  to  the  last  extremity,  immediately  caused  the  Secretary 
of  "War  to  modify  this  instruction.  This  extreme  was  not  re 
quired  by  any  principle  of  military  honor  or  by  any  rule  of 
war.  It  was  sufficient  for  him  to  defend  himself  until  no  reason 
able  hope  should  remain  of  saving  the  fort.  The  instructions 

*  Ex.  Doc.,  H.  R.,  vol.  vi.,  No.  26,  p.  10. 


ON  THE  EVE  OF  THE  EEBELLION.  167 

were  accordingly  so  modified,  with  the  approbation  of  General 
Scott. 

The  President  having  determined  not  to  disturb  the  status  quo 
at  Charleston,  as  long  as  our  troops  should  continue  to  be  hospi 
tably  treated  by  the  inhabitants,  and  remain  in  unmolested  pos 
session  of  the  forts,  was  gratified  to  learn,  a  short  time  thereafter, 
that  South  Carolina  was  equally  intent  on  preserving  the  peace. 
On  the  8th  December,  1860,  four  of  the  Representatives  in 
Congress  from  that  State  sought  an  interview,  and  held  a  con 
versation  with  him  concerning  the  best  means  of  avoiding  a 
hostile  collision  between  the  parties.  In  order  to  guard  against 
any  misapprehension  on  either  side,  he  suggested  that  they  had 
best  reduce  their  verbal  communication  to  writing,  and  bring  it 
to  him  in  that  form.  Accordingly,  on  the  10th  December,  they 
delivered  to  him  a  note,  dated  on  the  previous  day,  and  signed 
by  five  members,  in  which  they  say.:  "  In  compliance  with 
our  statement  to  you  yesterday,  we  now  express  to  you  our 
strong  convictions  that  neither  the  constituted  authorities,  nor 
any  body  of  the  people  of  the  State  of  South  Carolina,  will 
either  attack  or  molest  the  United  States  forts  in  the  harbor  of 
Charleston,  previously  to  the  action  of  the  Convention  ;  and  we 
hope  and  believe  not  until  an  offer  has  been  made,  through  an 
accredited  representative,  to  negotiate  for  an  amicable  arrange 
ment  of  all  matters  between  the  State  and  the  Federal  Govern 
ment,  provided  that  no  reinforcements  be  sent  into  these  forts, 
and  their  relative  military  status  shall  remain  as  at  present."  * 
Both  in  this  and  in  their  previous  conversation,  they  declared 
that  in  making  this  statement,  they  were  acting  solely  on  their 
own  responsibility,  and  expressly  disclaimed  any  authority  to 
bind  their  State.  They,  nevertheless,  expressed  the  confident 
belief  that  they  would  be  sustained  both  by  the  State  authori 
ties  and  by  the  Convention,  after  it  should  assemble.  Although 
the  President  considered  this  declaration  as  nothing  more  than 
the  act  of  five  highly  respectable  members  of  the  House  from 
South  Carolina,  yet  he  welcomed  it  as  a  happy  omen,  that  by 
means  of  their  influence  collision  might  be  prevented,  and  time 
afforded  to  all  parties  for  reflection  and  for  a  peaceable  adjust- 

*  Ex.  Doc.,  H.  R.,  vol.  vi.,  No.  96,  p.  9,  &c. 


168  ME.  BUCHANAN'S  ADMINISTRATION 

ment.  From  abundant  caution,  however,  he  objected  to  the 
word  "  provided  "  in  their  statement,  lest,  if  he  should  accept  it 
without  remark,  this  might  possibly  be  construed  into  an  agree 
ment  on  his  part  not  to  reenforce  the  forts.  Such  an  agreement, 
he  informed  them,  he  would  never  make.  It  would  be  impossi 
ble  for  him,  from  the  nature  of  his  official  responsibility,  thus  to 
tie  his  own  hands  and  restrain  his  own  freedom  of  action.  JStill, 
they  might  have  observed  from  his  message,  that  he  had  no 
present  design,  under  existing  circumstances,  to  change  the  con 
dition  of  the  forts  at  Charleston.  He  must,  notwithstanding, 
be  left  entirely  free  to  exercise  his  own  discretion,  according  to 
exigencies  as  they  might  arise.  They  replied  that  nothing  was 
further  from  their  intention  than  such  a  construction  of  this 
word  ;  they  did  not  so  understand  it,  and  he  should  not  so  con 
sider  it. 

It  was  at  this  moment,  on  the  15th  December,  1860,  after 
the  President's  policy  had  been  fixed  and  announced  in  his  an 
nual  message ;  after  the  "  Brooklyn  "  had  been  made  ready  to  go 
to  the  relief  of  Major  Anderson  in  case  of  need;  after  he  had 
received  instructions  in  accordance  with  this  policy ;  after  the 
President's  pacific  interview  with  the  South  Carolina  members, 
and  before  any  action  had  yet  been  taken  on  the  first  Critten- 
den  Compromise,  that  General  Scott  deemed  it  proper  to  renew 
his  former  recommendation  to  garrison  the  nine  Southern  forti 
fications.  This  appears  from  his  report  to  President  Lincoln, 
of  the  30th  March,  1861,  entitled  "  Southern  Forts ;  a  Sum 
mary,"  &c.,  of  which  we  shall  often  hereafter  have  occasion  to 
speak.  It  is  scarcely  a  lack  of  charity  to  infer  that  General 
Scott  knew  at  the  time  when  he  made  this  recommendation 
(on  the  15th  December)  that  it  must  be  rejected.  The  Presi 
dent  could  not  have  complied  with  it,  the  position  of  affairs  still 
remaining  unchanged,  without  at  once  reversing  his  entire  pol 
icy,  and  without  a  degree  of  inconsistency  amounting  almost  to 
self-stultification.  The  Senators  from  the  cotton  States  and 
from  Virginia,  where  these  forts  are  situated,  were  still  occupied 
with  their  brother  Senators  in  devising  measures  of  peace  and 
conciliation.  For  this  patriotic  purpose  the  Committee  of  Thir 
teen  were  about  to  be  appointed,  and  they  remained  in  session 


ON  THE  EVE  OF  THE  EEBELLION.  169 

until  the  last  day  of  the  month.  Meanwhile  all  the  Southern 
Senators  in  Congress  professed  their  willingness  to  adopt  the  Crit- 
tenden  Compromise,  so  much  and  so  justly  lauded  afterwards  by 
General  Scott  himself.  If  at  this  moment,  whilst  they  were  en 
gaged  in  peaceful  consultation  with  Senators  from  the  North,  the 
President  had  despatched  military  expeditions  to  these  nine  forts, 
it  was  easy  to  foresee  what  would  be  the  disastrous  effect,  not 
only  in  the  cotton,  but  in  all  the  border  States.  Its  first  effect 
would  have  been  to  dissolve  the  existing  conferences  for  a  peace 
able  adjustment. 

This,  the  General's  second  recommendation,  was  wholly  un 
expected.  He  had  remained  silent  for  more  than  six  weeks  from 
the  date  of  his  supplemental "  Yiews,"  convinced,  as  the  President 
inferred,  that  he  had  abandoned  the  idea  of  garrisoning  all  these 
forts  with  "  the  five  companies  only "  within  his  reach.  Had 
the  President  never  so  earnestly  desired  to  reenforce  the  nine 
forts  in  question,  at  this  time,  it  would  have  been  little  short  of 
madness  to  undertake  the  task,  with  the  small  force  at  his  com 
mand.  Without  authority  to  call  forth  the  militia  or  accept  the 
services  of  volunteers  for  the  purpose,  this  whole  force  now  con 
sisted  of  six  hundred  recruits,  obtained  by  the  General  since  the 
date  of  his  "  Yiews,"  in  addition  to  the  five  regular  companies. 
Our  army  was  still  out  of  reach  on  the  remote  frontiers,  and 
could  not  be  withdrawn,  during  midwinter,  in  time  for  this  mili 
tary  operation.  Indeed,  the  General  had  never  suggested  such  a 
withdrawal.  He  knew  that  had  this  been  possible,  the  inhab 
itants  on  our  distant  frontiers  would  have  been  immediately  ex 
posed  to  the  tomahawk  and  scalping  knife  of  the  Indians.  Our 
weak  condition  in  regard  to  troops  within  reach  is  demonstrated 
by  the  insignificant  number  of  these  he  was  able  to  collect  in 
Washington  on  the  4th  March  following.  This  was  to  resist  an 
attempt  which  he  apprehended  would  be  made  by  an  armed 
force  to  prevent  the  inauguration  of  President  Lincoln  and  to 
seize  the  public  property.  The  General  was  so  firmly  convinced 
of  the  reality  of  this  plot,  that  nothing  could  shake  his  faith.  It 
was  in  vain  that  a  committee  of  the  House  of  Representatives, 
after  hearing  the  General  himself,  and  after  full  investigation,  had 
reported  that  his  apprehensions  were  unfounded.*  Besides,  the 

*  February  14,  1861.    House  Keports  of  Committees,  vol.  ii.,  No.  70. 


Hi 

President,  relying  on  his  own  sources  of  information,  had  never 
entertained  any  similar  apprehensions.  The  stake,  notwith 
standing,  was  so  vast  and  the  General  so  urgent,  that  he  granted 
him  permission  to  bring  to  Washington  all  the  troops  he  could 
muster  to  resist  an  imaginary  but  dreaded  enemy.  The  whole 
number  of  these,  including  even  the  sappers  and  miners  whom 
he  had  withdrawn  from  West  Point,  amounted  to  no  more  than 
six  hundred  and  fifty-three,  rank  and  file.  These  troops,  with  a 
portion  of  the  district  militia,  the  General  had  posted  in  differ 
ent  parts  of  the  city,  and  had  stationed  sentinels  on  the  tops  of 
the  highest  houses  and  other  eminences,  so  that  all  was  ready  to 
attack  the  enemy  at  the  first  moment  of  their  appearance ;  but 
never  did  an  inauguration  pass  more  peacefully  and  quietly.  It 
is  due  to  President  Lincoln  to  state,  that  throughout  his  long 
progress  in  the  same  carriage  with  the  late  President,  both  on 
the  way  to  the  Capitol  and  the  return  from  it,  he  was  far  from 
evincing  the  slightest  apprehension  of  danger. 

Had  the  President  attempted  to  distribute  the  General's 
thousand  men,  as  he  proposed,  among  the  numerous  forts  in  the 
cotton  States,  as  well  as  Fortress  Monroe,  their  absurd  inade 
quacy  to  the  object  would  have  exhibited  weakness  instead  of 
strength.  It  would  have  provoked  instead  of  preventing  colli 
sion.  It  would  have  precipitated  a  civil  war  with  the  cotton 
States  without  the  slightest  preparation  on  the  part  of  Congress, 
and  would  at  once  have  destroyed  the  then  prevailing  hopes  of 
compromise.  Worse  than  all,  it  would  have  exasperated  Virginia 
and  the  other  border  States,  then  so  intent  on  remaining  in  the 
Union,  and  might  have  driven  them  at  once  into  hostile  action. 

And  now  it  becomes  our  painful  duty  to  examine  the  report 
of  General  Scott  to  President  Lincoln  of  30th  March,  1861. 
This  was  first  published  at  the  General's  instance,  eighteen 
months  after  its  date,  in  the  u  National  Intelligencer "  of  the 
21st  October,  1862.  It  cannot  be  denied  that  the  report  through 
out  is  an  indiscriminate  censure  of  President  Buchanan's  conduct 
in  dealing  with  the  Southern  forts.  It  evidently  proceeded  from 
a  defective  memory  prejudiced  by  a  strong  bias.  It  rests  mainly 
on  vague  and  confused  recollections  of  private  conversations 
alleged  to  have  been  held  with  the  President  several  months 


ON  THE  EVE  OF  THE  REBELLION.  1Y1 

before  its  date.  These  having  occurred  between  the  commander- 
in- chief  and  the  commanding  General  of  the  army,  on  important 
military  questions,  pertaining  to  their  respective  official  duties, 
were,  in  their  nature,  strictly  confidential.  Were  this  otherwise, 
it  would  destroy  that  freedom  and  unreserve  which  ought  to 
characterize  such  consultations,  and  instead  thereof,  the  parties 
would  be  ever  on  their  guard  in  the  interchange  of  opinions,  often 
greatly  to  the  prejudice  of  the  public  interest.  Had  the  General 
resolved  to  violate  a  confidence  as  sacred  as  that  between  the  Pres 
ident  and  a  member  of  his  Cabinet,  such  is  the  treachery  of  the 
best  human  memory,  he  ought,  at  the  least,  to  have  submitted 
his  statements  to  Mr.  Buchanan  before  he  had  embodied  them 
in  his  report.  Had  he  done  this,  we  venture  to  say  from  the 
sequel  that  most  of  them  would  have  never  seen  the  light. 

When  President  Buchanan  retired  from  office,  he  had  reason 
to  believe  Me  had  parted  from  the  General  on  terms  mutually 
amicable.  Although  in  former  years  their  friendly  intercourse 
had  been  for  a  season  interrupted,  yet  he  believed  all  this  had 
been  forgotten.  A  suspicion  never  entered  his  mind  that  the 
General  held  in  reserve  a  quiver  of  arrows  to  assail  his  public 
character  upon  his  retirement  from  office. 

This  report  does  not  allege  that  it  had  been  made  in  conse 
quence  of  a  call  from  President  Lincoln.  From  its  face  it  ap 
pears  to  have  been  a  pure  volunteer  offering  on  the  part  of  the 
General.  It  deals  with  the  past  and  not  with  the  future.  It  is 
remarkable  that  it  does  not  contain  a  word  of  advice  to  President 
Lincoln,  such  as  might  have  been  expected  from  the  command 
ing  General,  as  to  the  manner  of  recovering  the  forts  which 
before  its  date  had  been  already  seized  by  the  Confederates.  On 
the  contrary,  it  reveals  the  strange  fact  that  the  General,  so  late 
as  the  12th  March,  and  after  the  so-called  Confederate  Govern 
ment  of  the  cotton  States  was  in  full  operation  at  Montgomery, 
had  advised  President  Lincoln  to  evacuate  Fort  Sumter,  and  this 
in  direct  opposition  to  what  had  been  the  well-known  and  oft- 
expressed  determination  of  Mr.  Buchanan.  We  need  scarcely 
remark  that  President  Lincoln  acted  wisely  in  disregarding  this 
counsel.  It  was  founded  on  an  alleged  military  necessity.  Had 
the  fort  been  actually  invested  by  a  hostile  force  so  superior  as 


172  MB.  BUCHANAN'S  ADMIOTSTKATION 

to  render  resistance  hopeless,  this  would  have  justified  a  capitu 
lation  in  order  to  save  a  useless  sacrifice  of  life.  Its  voluntary 
abandonment,  however,  to  the  Confederacy,  would  have  gone 
far  toward  a  recognition  of  their  independence. 

The  General,  in  this  report,  would  have  President  Lincoln 
believe,  on  the  authority  of  a  Richmond  newspaper,  that  "  had 
Scott  been  able  to  have  got  these  forts  in  the  condition  he  desired 
them  to  be,  the  Southern  Confederacy  would  not  now  exist." 
Strange  hallucination  !  In  plain  English,  that  South  Carolina, 
which  throughout  an  entire  generation  had  determined  on  dis 
union,  and  had  actually  passed  an  ordinance  of  secession  to  carry 
this  purpose  into  effect,  and  the  remaining  six  powerful  cotton 
States  ready  to  follow  her  evil  example,  unless  their  adjudged 
rights  should  be  recognized  by  Congress,  and  which  together 
have  since  sent  into  the  field  such  numerous  and  powerful 
armies,  would  at  once  have  been  terrified  into  submission  by  the 
distribution  of  four  hundred  troops  in  October,  or  one  thousand 
in  December,  among  their  numerous  fortifications ! 

Yery  different  must  have  been  his  opinion  on  the  3d  March 
following,  when  he  penned  his  famous  letter  to  Secretary  Seward. 
In  this  he  exclaims :  "  Conquer  the  seceded  [cotton]  States 
by  invading  armies.  No  doubt  this  might  be  done  in  two  or 
three  years  by  a  young  and  able  general — a  Wolfe,  a  Dessaix,  a 
Hoche,  with  three  hundred  thousand  disciplined  men,  estimating 
a  third  for  garrisons,  and  the  loss  of  a  yet  greater  number  by 
skirmishes,  sieges,  battles  and  Southern  fevers.  The  destruction 
of  life  and  property  on  the  other  side  would  be  frightful,  however 
perfect  the  moral  discipline  of  the  invaders.  The  conquest 
completed,  at  that  enormous  waste  of  human  life  to  the  North 
and  the  Northwest,  with  at  least  $250,000,000  added  thereto, 
and  cui  bono  f  Fifteen  devastated  provinces  !  not  to  be  brought 
into  harmony  with  their  conquerors,  but  to  be  held  for  genera 
tions  by  heavy  garrisons,  at  an  expense  quadruple  the  net  duties 
or  taxes  it  would  be  possible  to  extort  from  them,  followed  by  a 
protector  or  an  emperor."  In  view  of  these  fearful  forebodings, 
we  are  not  surprised  that  he  should  have  despaired  of  the 
Union,  and  been  willing  to  say  to  the  cotton  States,  "  Wayward 
sisters,  depart  in  peace."  Nor  that  he  should  have  fallen  back 


ON  THE  EVE  OF  THE  EEBELLION.  173 

on  his  opinion  expressed  in  the  "  Yiews  "  (29th  October,  1860), 
that  "  a  smaller  evil  [than  such  a  civil  war]  would  be  to  allow 
the  fragments  of  the  great  Republic  to  form  themselves  into  new 
Confederacies." 

The  General,  however,  in  the  same  letter  to  Secretary 
Seward,  presents  his  alternative  for  all  these  evils.  He  advises 
Mr.  Lincoln's  administration  "  to  throw  off  the  old  and  assume 
a  new  designation — the  Union  party ;  adopt  the  conciliatory 
measures  proposed  by  Mr.  Crittenden,  or  the  Peace  Convention, 
and  my  life  upon  it,  we  shall  have  no  new  case  of  secession,  but, 
on  the  contrary,  an  early  return  of  many  if  not  all  of  the  States 
which  have  already  broken  off  from  the  Union.  Without  some 
equally  benign  measure,  the  remaining  slaveholding  States  will 
probably  join  the  Montgomery  Confederacy  in  less  than  sixty 
days,  when  this  city,  being  included  in  a  foreign  country,  would 
require  a  permanent  garrison  of  at  least  thirty-five  thousand 
troops."  His  advice  to  adopt  the  Crittenden  Compromise  would 
have  been  excellent  had  it  been  given  to  his  Republican  friends 
in  Congress  in  the  previous  December,  before  any  State  had 
seceded,  and  before  any  fort  had  been  seized,  instead  of  then 
recommending  to  President  Buchanan  to  despatch  small  bands 
of  United  States  soldiers  to  each  of  the  forts.  This  recommen 
dation,  had  it  been  followed  at  the  time,  would  at  once  have 
defeated  this  very  Crittenden  Compromise,  so  much  desired,  and 
served  only  to  provoke  the  cotton  States  into  secession.  It 
would  have  been  the  stone  of  Cadmus  cast  among  the  armed 
men  sprung  from  the  dragon's  teeth,  and  the  signal  for  imme 
diate  fratricidal  war  and  mutual  destruction.  The  advice  to 
President  Lincoln  was  out  of  season,  after  both  the  Crittenden 
Compromise  and  the  measures  proposed  by  the  Peace  Conven 
tion  had  been  finally  rejected  by  Congress>  and  whilst  the  Con 
federacy  of  the  cotton  States  was  in  active  existence. 

Before  we  proceed  to  analyze  in  further  detail  the  General's 
report,  it  is  curious  to  note  the  reason  for  its  publication.  This 
was  a  consequence  of  the  publication  of  his  letter  to  Secretary 
Seward,  which  was  in  its  very  nature  confidential.  At  this 
period,  in  October,  1862,  when  the  rebellion  had  assumed  a  for 
midable  aspect,  and  when  his  sinister  predictions  appeared  to 


174 

be  in  the  conrse  of  fulfilment,  he  read  the  original  draft,  in  his 
own  handwriting,  to  a  friend.  This  gentleman,  whilst  extolling 
the  far-seeing  sagacity  and  the  prophetic  spirit  it  displayed, 
begged  for  the  draft  as  an  invaluable  keepsake.  This  appeal 
to  the  General  proved  irresistible.  The  manuscript  was  deliv 
ered  to  the  friend,  who  soon  thereafter  read  it,  amid  great  ap 
plause,  at  a  public  meeting  in  the  city  of  New  York,  and  whilst 
a  highly  excited  political  canvass  was  depending  for  the  office  of 
Governor.  The  letter  thus  published,  implying  a  direct  censure 
on  President  Lincoln  for  not  having  followed  the  advice  it  had 
given,  created  no  little  astonishment,  because  of  the  prevalent 
belief  at  the  time,  that  the  General  was  under  many  obligations 
to  the  administration  for  liberal  and  indulgent  treatment  in  the 
face  of  discomfiture  and  defeat.  The  letter  having  thus  been 
first  published  by  his  friend,  it  was  soon  thereafter  republished 
in  the  "  National  Intelligencer,"  of  the  21st  October,  1862,  un 
der  the  General's  own  authority,  and  in  addition,  a  copy  of  his 
report  to  President  Lincoln.  Why  he  thus  connected  these  two 
documents,  so  distinct  and  even  opposite  in  character,  it  would 
be  difficult  to  decide.  It  has  been  conjectured  he  may  have 
thought  that  the  censure  of  Mr.  Buchanan  in  the  report  might 
prove  an  antidote  to  that  against  Mr.  Lincoln  in  the  Seward 
letter.  Whatever  may  have  caused  the  publication  of  this  re 
port,  Mr.  Buchanan  has  cause  to  rejoice  that  it  was  brought  to 
light  during  his  lifetime.  It  might,  otherwise,  have  slumbered 
on  the  secret  files  of  the  Executive  Department  until  after  his 
death,  and  then  been  revealed  to  posterity  as  authentic  history. 
And  here  it  is  proper  to  mention,  that  a  few  days  after  the  pub 
lication  of  the  report,  Mr.  Buchanan  replied  to  it  in  a  letter 
published  in  the  "  National  Intelligencer,"  of  the  1st  Novem 
ber,  1862.  This  gave  rise  to  a  correspondence  between  himself 
and  General  Scott,  which,  on  both  sides,  was  formally  addressed 
to  the  editors  of  that  journal,  and  was  published  by  them  in 
successive  numbers.  This  continued  throughout  the  autumn. 
It  might  at  first  be  supposed  that  the  errors  in  the  report  had 
been  sufficiently  exposed  in  the  course  of  this  'correspond 
ence  ;  but  in  the  present  historical  sketch  of  President  Bu 
chanan's  conduct,  it  is  impossible  to  pass  over  the  strictures 


ON   THE   EVE   OF   THE.   REBELLION.  1Y5 

made  upon  it  by  General  Scott.     The  two  are  inseparably  joined 
together. 

The  General,  in  his  report,  prefaces  the  statement  of  his  con 
versation  with  President  Buchanan,  by  saying,  that  on  the  13th 
December  he  had  "  personally  urged  upon  the  Secretary  of  War 
the  same  i  views '  [those  of  the  previous  October],  viz.,  strong 
garrisons  in  the  Southern  forts ;  those  of  Charleston  and  Pensa- 
cola  harbors  at  once  ;  those  on  Mobile  Bay  and  the  Mississippi 
below  New  Orleans,  next,  &c.,  &c.  I  again  pointed  out  the 
organized  companies,  and  the  [600]  recruits  at  the  principal 
depots  available  for  the  purpose.  The  Secretary  did  not  concur 
in  my  views."  This,  indeed,  he  could  not  have  done  so  early 
as  the  13th  December,  without  placing  himself  in  direct  opposi 
tion  to  the  well-defined  policy  of  the  President.  An  interview 
was,  therefore,  'appointed  for  the  15th  December,  between  the 
President  and  the  General.  "  By  appointment,"  says  the  Gen 
eral,  "  the  Secretary  accompanied  me  to  the  President,  Decem 
ber  15th,  when  the  same  topics,  secessionism,  &c.,  were  again 
pretty  fully  discussed."  He  does  not  furnish  the  President's 
answer  to  the  proposition  to  send  strong  garrisons  to  the  South 
ern  forts.  This  must  unquestionably  have  referred  to  the  topics 
of  which  his  mind  was  then  full,  viz.,  the  promising  aspect  of 
compromise  at  the  moment ;  the  certain  effect  of  such  a  meas 
ure  in  defeating  it ;  the  inadequacy  of  the  force  at  command 
for  so  extended  an  operation ;  and  the  policy  which  had  been 
laid  down  in  his  annual  message.  Not  a  word  of  all  this.  But 
the  General's  memory  seems  to  have  improved  with  the  lapse 
of  years  and  the  progress  of  the  rebellion.  In  his  report  to 
President  Lincoln,  he  speaks  of  but  one  conversation  with  Pres 
ident  Buchanan,  that  of  the  15th  December,  whilst  in  his  letter 
of  the  8th  November,  1862,  to  the  "  National  Intelligencer,"  a 
portion  of  the  correspondence  to  which  we  have  referred,  he 
alleges  he  had,  on  the  28th  and  30th  ^of  the  same  December, 
repeated  the  recommendation  to  garrison  all  the  Southern  forts. 
In  this  statement,  if  material,  it  would  be  easy  to  prove  he  was 
mistaken.  Indeed,  President  Buchanan  has  in  his  possession  a 
note  from  the  General  himself,  dated  on  Sunday,  30th  Decem 
ber,  stating  that  by  indisposition  he  was  confined  to  the  house 
12 


176  ME.  BUCHANAN'S  ADMINISTRATION 

on  that  day,  and  could  not  therefore  call  upon  him.  Of  this 
hereafter. 

According  to  the  report,  he  merely  mentions  in  general  terms 
the  recruits  he  had  obtained  for  the  expedition,  without  allot 
ting  them  among  the  several  forts.  According  to  the  letter,  he 
informed  President  Buchanan  that  the  number  of  recruits  at 
New  York  and  Carlisle  barracks  was  about  six  hundred,  "be 
sides  the  five  companies  of  regulars  near  at  hand,  making  about 
one  thousand  men."  And  he  also  stated  how  he  would  distrib 
ute  them  among  the  several  forts.  In  this  distribution  he  left 
only  "  about  two  hundred  men  for  the  twin  forts  of  Moultrie 
and  Sumter,  Charleston  harbor."  He  also  declared  in  this  let 
ter,  that  "  he  considered  the  force  quite  adequate  to  the  occa 
sion."  But,  as  if  rendered  conscious  of  its  inadequacy  by  the 
logic  of  events,  he  alleges  that  President  Buchanan  u  might 
have  called  forth  volunteers  to  garrison  these  forts,  without  any 
special  legislation,"  and  this,  too,  "  with  the  full  approbation  of 
every  loyal  man  in  the  Union."  That  is,  that  on  the  15th  De 
cember,  1860,  before  any  State  had  seceded,  he  might  without 
law  have  usurped  this  authority,  when  the  law-making  power 
was  actually  in  session  and  had  made  no  movement  to  grant  it, 
and  when  all  were  intent,  not  on  war,  but  on  measures  of  com 
promise.  In  this  letter  he  charges  the  Secretary  of  War,  "with 
or  without  the  President's  approbation,"  with  "  having  nearly 
denuded  our  whole  eastern  seaboard  of  troops."  In  doing  this, 
he  must  surely  have  forgotten  that  he  himself  had  eloquently 
urged  that  all  the  force  on  the  frontiers  was  not  sufficient  for  the 
protection  of  our  distant  fellow-citizens,  and  had  therefore  advo 
cated  the  raising  of  an  additional  force  by  Congress  for  this 
very  purpose. 

It  would  seem  from  the  report  that  the  President  confined 
his  observations  at  their  interview  exclusively  to  the  reenforce- 
ment  of  the  forts  in  Charleston  harbor,  for  which  General  Scott, 
according  to  his  own  statement,  in  the  letter  to  the  "  National 
Intelligencer,"  could  spare  but  two  hundred  men,  the  remaining 
eight  hundred  being  required  for  the  other  fortifications.  The 
President  having  expressed  the  opinion,  according  to  the  report, 
tc  that  there  was  at  the  moment  no  danger  of  an  early  secession 


ON  THE  EVE  OF  THE  REBELLION.  177 

beyond  South  Carolina,"  lie  proceeded  to  state,  "  in  reply  to  my 
[General  Scott's]  arguments  for  immediately  reenforcing  Fort 
Moultrie,  and  sending  a  garrison  to  Fort  Sumter,"  that  "  the 
time  has  not  arrived  for  doing  so  ;  that  he  should  wait  the  action 
of  the  Convention  of  South  Carolina,  in  the  expectation  that  a 
commission  would  be  appointed  and  sent  to  negotiate  with  him 
and  Congress,  respecting  the  secession  of  the  State  and  the  prop 
erty  of  the  United  States  held  within  its  limits ;  and  that  if  Con 
gress  should  decide  against  the  secession,  then  he  would  send  a 
reenforcement,  and  telegraph  the  commanding  officer  (Major 
Anderson)  of  Fort  Moultrie  to  hold  the  forts  (Moultrie  and 
Sumter)  against  attack." 

ISTow  it  is  probable  that  in  the  course  of  this  conversation, 
the  President  may  have  referred  to  the  rumor  then  current,  that 
the  South  Carolina  Convention  intended  to  send  commissioners 
to  Washington  to  treat  with  the  Government,  but  it  is  quite 
impossible  he  could  have  stated  that  the  reenforcement  of  the 
forts  should  await  the  result  of  their  mission.  Why  ?  Because 
the  Brooklyn  had  been  for  some  tune  ready  to  proceed  to 
Fort  Moultrie,  dependent  on  no  other  contingency  than  that 
of  its  attack  or  danger  of  attack.  Least  of  all  was  it  possible 
the  President  could  have  said  that  if  Congress  should  decide 
against  secession,  he  would  then  telegraph  to  Major  Anderson 
"to  hold  the  forts  (Moultrie  and  Sumter)  against  attack,"  when 
instructions  of  a  similar  but  stronger  character  had  already  been 
sent  and  delivered  to  him,  and  were  of  record  in  the  War  De 
partment.  It  is  strange  that  the  President  should,  according  to 
the  General,  have  made  any  future  action  in  regard  to  these 
forts  dependent  upon  his  own  decision,  or  that  of  Congress,  on 
the  question  of  secession,  when  he  had  in  his  annual  message,  but 
a  few  days  before,  condemned  the  doctrine  as  unconstitutional, 
and  he  well  knew  it  would  be  equally  condemned  by  Congress. 

It  is  curious  to  note  a  trait  of  the  fault-finding  temper  of  the 
General  in  this  conversation.  In  it  he  makes  the  Secretary  of 
War  observe,  "  with  animation,"  "  We  have  a  vessel  of  war  (the 
Brooklyn}  held  in  readiness  at  Norfolk,  and  he  would  then  send 
three  hundred  men  in  her  from  Fort  Monroe  to  Charleston ;  " 
but  the  General  objected  to  this  arrangement,  saying  in  answer, 


178  ME.  BUCHANAN'S  ADMINISTRATION 

"  that  so  many  men  could  not  be  withdrawn  from  that  garrison, 
but  could  be  tal^en  from  New  York,"  &c.,  &c.  In  this  report 
to  President  Lincoln  the  General  exultingly  declares,  "  that  if 
the  Secretary's  three  hundred  men  had  then  (on  the  15th  De 
cember),  or  some  time  later,  been  sent  to  Forts  Moultrie  and 
Suinter,  both  would  now  have  been  in  the  possession  of  the 
United  States,"  &c.  And  again,  "  It  would  have  been  easy  to  re- 
enforce  this  fort  (Sumter)  down  to  about  the  12th  February."  In 
making  these  declarations,  he  must  surely  have  forgotten  not 
only  his  own  objection  to  sending  these  very  "  three  hundred 
men  "  from  Fortress  Monroe,  but  also  the  fate  of  the  Star  of 
the  West,  in  the  early  part  of  January,  with  his  recruits  from 
New  York,  which  had  been  substituted  under  his  advice  and 
direction  for  the  Brooklyn. 

The  reader  must  have  observed  that  we  speak  argurnenta- 
tively  and  doubtingly  of  the  General's  statement  of  this  conver 
sation.  We  do  this  simply  because  President  Buchanan,  al 
though  a  party  to  it,  has  no  recollection  whatever  of  its  particu 
lars.  The  reason  doubtless  is,  that,  believing  General  Scott  to 
have  been  aware  before  the  interview  that  the  President  would 
not  violate  his  announced  policy  by  sending  one  thousand  men 
to  all  the  Southern  forts,  or  two  hundred  to  those  in  Charleston 
harbor,  he  must  have  considered  this  renewed  recommendation 
rather  a  matter  of  form,  springing  from  a  motive  which  he  will 
not  attempt  to  conjecture,  than  any  thing  more  serious.  But 
whatever  may  have  been  the  cause  of  his  want  of  memory,  the 
fact  is  certainly  true.  He  sincerely  wishes  it  were  otherwise. 

We  may  observe  generally  in  regard  to  this  report,  that  the 
attempt,  at  the  end  of  more  than  three  months,  filled  with  the 
most  important  and  stirring  events,  to  write  out  charges  against 
President  Buchanan,  must  almost  necessarily  do  him  injustice. 
Fairly  to  accomplish  such  a  task,  the  writer  ought  to  have  tested 
his  own  recollection  by  a  reference  to  dates  and  official  documents 
within  his  reach.  Not  having  done  this,  the  report  is  confused 
throughout,  sometimes  blending  in  the  same  sentence  occur 
rences  of  distinct  date  and  opposite  nature.  When  these  come 
to  be  unravelled,  it  will  appear  in  the  sequel  that  they  are  often 
contradicted  by  official  and  other  unimpeachable  testimony. 


PN  THE  EVE  OF  THE  REBELLION.  179 

AncUhere  it  is  due  to  General  Scott  to  mention,  that  on  the 
evening  of  their  interview  (15th  December),  he  addressed  a  note 
to  President  Buchanan,  reminding  him  that  General  Jackson, 
during  the  period  of  South  Carolina  nullification,  had  sent  reen- 
forcements  to  Fort  Moultrie  to  prevent  its  seizure  by  the  nulli- 
fiers  and  to  enforce  the  collection  of  the  revenue.  This  example 
was  doubtless  suggested  for  imitation.  But  the  times  had  greatly 
changed  during  more  than  a  quarter  of  a  century  which  had 
since  elapsed.  In  1833  South  Carolina  stood  alone.  She  had 
then  the  sympathy  of  no  other  Southern  State.  Her  nullifica 
tion  was  condemned  by  them  all.  Even  her  own  people  were 
almost  equally  divided  on  the  question.  But  instead  of  this,  in 
December,  1860,  they  were  unanimous,  and  the  other  cotton 
States  were  preparing  to  follow  her  into  secession,  should  their 
rights  in  the  Territories  be  denied  by  Congress.  Besides,  the 
President  had  already  declared  his  purpose  to  collect  the  reve 
nue  by  the  employment  of  vessels  of  war  stationed  outside  of  the 
port  of  Charleston,  whenever  its  collection  at  the  custom  house 
should  be  resisted.  He  hoped  thereby  to  avoid  actual  collision ; 
but,  whether  or  not,  he  had  resolved  at  every  hazard  to  collect 
the  revenue.  Such  was  the  state  of  affairs  on  the  15th  Decem 
ber,  1860.  Meanwhile  the  forts  and  all  other  public  property 
were  unmolested,  and  Major  Anderson  and  his  troops  continued 
to  be  supplied  and  treated  in  the  kindest  manner. 


180  MR.  BUCHANAN'S 


CHAPTEE  X. 

South  Carolina  adopts  an  ordinance  of  secession,  and  appoints  Commissioners  to 
treat  with  the  General  Government — Their  arrival  in  Washington — Major  Ander 
son's  removal  from  Fort  Moultrie  to  Fort  Sumter — The  President's  interview  with 
the  Commissioners,  who  demand  a  surrender  of  all  the  forts — His  answer  to  this 
demand — Their  insolent  reply,  and  its  return  to  them — Its  presentation  to  the  Sen 
ate  by  Mr.  Davis — Secretary  Floyd  requested  to  resign — He  resigns  and  becomes 
a  secessionist — Fort  Sumter  threatened — The  Brooklyn  ordered  to  carry  reen- 
forcements  to  the  fort — The  Star  of  the  West  substituted  at  General  Scott's  in 
stance — She  is  fired  upon — Major  Anderson  demands  of  Governor  Pickens  a 
disavowal  of  the  act — The  Governor  demands  the  surrender  of  the  fort — The 
Major  proposes  to  refer  the  question  to  Washington — The  Governor  accepts — Colo 
nel  Hayne  and  Lieutenant  Hall  arrive  in  Washington  on  the  13th  January— The 
truce — Letter  from  Governor  Pickens  not  delivered  to  the  President  until  the  31st 
January — The  answer  to  it — Colonel  Hayne' s  insulting  reply — It  is  returned  to 
him — Virginia  sends  Mr.  Tyler  to  the  President  with  a  view  to  avoid  hostilities — 
His  arrival  in  Washington  and  his  proposals — Message  of  the  President. 

ON  the  20th  December,  1860,  the  South  Carolina  Convention 
adopted  an  ordinance  of  secession,  and  on  the  22d  appointed 
three  of  their  most  distinguished  citizens  to  proceed  forthwith 
to  Washington  to  treat  with  the  Government  of  the  United 
States  concerning  the  relations  between  the  parties.  These 
were  Eobert  "W.  Barnwell,  James  H.  Adams,  and  James  L.  Orr. 
They  arrived  in  Washington  on  Wednesday,  the  26th  Decem 
ber.  On  the  next  morning  they  received  intelligence  by  tele 
graph  that  Major  Anderson  had,  on  Christmas  night,  secretly 
dismantled  Fort  Moultrie ;  had  spiked  his  cannon,  had  burnt 
his  gun-carriages,  and  had  removed  with  his  troops  to  Fort 
Sumter,  as  if  from  an  impending  attack.  This  information  they 
sent  to  the  President.  He  received  it  with  astonishment  and 
regret.  With  astonishment,  because  he  had  believed  Major 
Anderson  to  be  in  security  at  Fort  Moultrie;  and  this  more 


ON  THE  EVE  OF  THE  REBELLION.  181 

especially  whilst  the  commissioners  appointed  but  three  days 
before  were  on  their  way  to  "Washington.  With  regret,  because 
this  movement  would  probably  impel  the  other  cotton  and 
border  States  into  active  sympathy  with  South  Carolina,  and 
thereby  defeat  the  measures  of  compromise  still  before  the  Com 
mittee  of  Thirteen  of  the  Senate,  from  which  he  had  hoped  to 
confine  secession  to  that  State  alone.  The  President  never 
doubted  for  a  moment  that  Major  Anderson  believed  before  the 
movement  that  he  had  "  the  tangible  evidence  "  of  an  impending 
attack  required  by  his  instructions.  Still  it  was  difficult  to  im 
agine  that  South  Carolina  would  be  guilty  of  the  base  perfidy 
of  attacking  any  of  these  forts  during  the  pendency  of  her  mis 
sion  to  Washington,  for  the  avowed  purpose  of  preserving  the 
peace  and  preventing  collision.  Such  treacherous  conduct  would 
have  been  considered  infamous  among  all  her  sister  States.  She 
has  always  strenuously  denied  that  such  was  her  intention. 

In  this  state  of  suspense  the  President  determined  to  await 
official  information  from  Major  Anderson  himself.  After  its 
receipt,  should  he  be  convinced  upon  full  examination  that  the 
Major,  on  a  false  alarm,  had  violated  his  instructions,  he  might 
then  think  seriously  of  restoring  for  the  present  the  former  status 
quo  of  the  forts.  This,  however,  was  soon  after  known  to  be 
impossible,  in  consequence  of  the  violent  conduct  of  South  Car 
olina  in  seizing  all  the  other  forts  and  public  property  in  the 
harbor  and  city  of  Charleston. 

It  was  under  these  circumstances  that  the  President,  on 
Friday,  the  28th  December,  held  his  first  and  only  interview 
with  the  commissioners  from  South  Carolina.  He  determined 
to  listen  with  patience  to  what  they  had  to  communicate,  taking 
as  little  part  himself  in  the  conversation  as  civility  would  per 
mit.  On  their  introduction  he  stated  that  he  could  recognize 
them  only  as  private  gentlemen  and  not  as  commissioners  from 
a  sovereign  State;  that  it  was  to  Congress,  and  to  Congress 
alone,  they  must  appeal.  He,  nevertheless,  expressed  his  willing 
ness  to  communicate  to  that  body,  as  the  only  competent  tribunal, 
any  propositions  they  might  have  to  offer.  They  then  proceeded, 
evidently  under  much  excitement,  to  state  their  grievances 
arising  out  of  the  removal  of  Major  Anderson  to  Fort  Sumter, 


182  ME.  BUCHANAN'S  ADMINISTRATION 

and  declared  that  for  these  they  must  obtain  redress  preliminary 
to  entering  upon  the  negotiation  with  which  they  had  been  in 
trusted  ;  that  it  was  impossible  for  them  to  make  any  proposi 
tion  until  this  removal  should  be  satisfactorily  explained  ;  and 
they  even  insisted  upon  the  immediate  withdrawal  of  the  Major 
and  his  troops,  not  only  from  Fort  Sumter,  but  from  the  harbor 
of  Charleston,  as  a  sine  qua,  non  to  any  negotiation. 

In  their  letter  to  the  President  of  the  next  day,  they  repeat 
this  demand,  saying  :  *  "  And,  in  conclusion,  we  would  urge  upon 
you  the  immediate  withdrawal  of  the  troops  from  the  harbor  of 
Charleston.  Under  present  circumstances  they  are  a  standing 
menace  which  renders  negotiation  impossible,  and,  as  our  recent 
experience  shows,  threatens  to  bring  to  a  bloody  issue  questions 
which  ought  to  be  settled  with  temperance  and  judgment." 
This  demand,  accompanied  by  an  unmistakable  threat  of  attack 
ing  Major  Anderson  if  not  yielded,  was  of  the  most  extravagant 
character.  To  comply  with  it,  the  commissioners  must  have 
known,  would  be  impossible.  Had  they  simply  requested  that 
Major  Anderson  might  be  restored  to  his  former  position  at  Fort 
Moultrie,  upon  a  guarantee  from  the  State  that  neither  it  nor  the 
other  forts  or  public  property  should  be  molested ;  this,  at  the 
moment,  might  have  been  worthy  of  serious  consideration. 
But  to  abandon  all  these  forts  to  South  Carolina,  on  the  demand 
of  commissioners  claiming  to  represent  her  as  an  independent 
State,  would  have  been  a  recognition,  on  the  part  of  the  Execu 
tive,  of  her  right  to  secede  from  the  Union.  This  was  not  to  be 
thought  of  for  a  moment. 

The  President  replied  to  the  letter  of  the  commissioners 
on  Monday,  31st  December.  In  the  mean  time  information 
had  reached  him  that  the  State  authorities,  without  waiting 
to  hear  from  Washington,  had,  on  the  day  after  Major  Ander 
son's  removal,  seized  Fort  Moultrie,  Castle  Pinckney,  the  cus 
tom  house,  and  post  office,  and  over  them  all  had  raised  the  Pal 
metto  flag ;  and  moreover,  that  every  officer  of  the  customs, 
collector,  naval  officer,  surveyor,  appraisers,  together  with  the 
postmaster,  had  resigned  their  appointments  ;  and  that  on  Sun 
day,  the  30th  December,  they  had  captured  from  Major  Hum- 

*  Ex.  Doc.,  H.  R.,  vol.  vi.,  No.  26,  p.  6. 


ON  THE  EVE  OF  THE  KEBELLION.  183 

phreys,  the  officer  in  charge,  the  arsenal  of  the  United  States, 
containing  public  property  estimated  to  be  worth  half  a  million 
of  dollars.  The  Government  was  thus  expelled  from  all  its 
property-except  Fort  Sumter,  and  no  Federal  officers,  whether 
civil  or  military,  remained  in  the  city  or  harbor  of  Charleston. 
The  secession  leaders  in  Congress  attempted  to  justify  these  vio 
lent  proceedings  of  South  Carolina  as  acts  of  self-defence,  on  the 
assumption  that  Major  Anderson  had  already  commenced  hos 
tilities.  It  is  certain  that  their  tone  "instantly  changed  after  his 
removal ;  and  they  urged  its  secrecy,  the  hour  of  the  night  when 
it  was  made,  the  destruction  of  his  gun-carriages,  and  other  at 
tendant  incidents,  to  ^Marne  the  passions  of  their  followers.  It 
was  under  these  circumstances  that  the  President  was  called 
upon  to  reply  to  the  letter  of  the  South  Carolina  commissioners, 
demanding  the  immediate  withdrawal  of  the  troops  of  the  United 
States  from  the  harbor  of  Charleston.  In  this  reply  he  peremp 
torily  rejected  the  demand  in  firm  but  courteous  terms,  and  de 
clared  his  purpose  to  defend  Fort  Sumter  by  all  the  means  in  his 
power  against  hostile  attacks,  from  whatever  quarter  they  might 
proceed.  ( Vide  his  letter  of  the  31st  December,  1860,  Ex.  Doc. 
No.  26,  H.  K.,  36th  Congress,  2d  Session,  accompanying  Presi 
dent's  message  of  8th  January,  1861.)  To  this  the  commissioners 
sent  their  answer,  dated  on  the  2d  January,  1861.  This  was  so 
violent,  unfounded,  and  disrespectful,  and  so  regardless  of  what 
is*  due  to  any  individual  whom  the  people  have  honored  with  the 
office  of  President,  that  the  reading  of  it  in  the  Cabinet  excited 
indignation  among  all  the  members.  With  their  unanimous 
approbation  it  was  immediately,  on  the  day  of  its  date,  returned 
to  the  commissioners  with  the  following  indorsement:  "This 
paper,  just  presented  to  the  President,  is  of  such  a  character  that 
he  declines  to  receive  it."  Surely  no  negotiation  was  ever  con 
ducted  in  such  a  manner,  unless,  indeed,  it  had  been  the  prede 
termined  purpose  of  the  negotiators  to  produce  an  open  and  im 
mediate  rupture. 

It  may  be  asked,  why  did  the  President,  at  his  interview  with 
the  South  Carolina  commissioners,  on  the  28th  December,  offer 
to  lay  the  propositions  they  had  to  make  before  Congress,  when 
he  must  have  been  morally  certain  they  would  not  meet  a  favor- 


184  ME.  BUCHANAN'S  ADMINISTRATION 

able  response  ?  This  was  to  gain  time  for  passion  to  subside, 
and  for  reason  to  resume  her  sway ;  to  bring  the  whole  subject 
before  the  representatives  of  the  people  in  such  a  manner  asxto 
cause  them  to  express  an  authoritative  opinion  on  secession,  and 
the  other  dangerous  questions  then  before  the  country,  and 
adopt  such  measures  for  their  peaceable  adjustment  as  might 
possibly  reclaim  even  South  Carolina  herself ;  but  whether  or 
not,  might  prevent  the  other  cotton  States  from  following  her 
evil  and  rash  example. 

The  insulting  letter  of  the  commissioners,  which  had  been 
returned  to  them,  was  notwithstanding  presented  to  the  Senate 
by  Mr.  Jefferson  Davis,  immediately  after  the  reading  of  the 
President's  special  message  of  the  8th  January ;  and  such  was 
the  temper  of  that  body  at  the  time,  that  it  was  received  and 
read,  and  entered  upon  their  journal.  Mr.  Davis,  not  content 
with  this  success,  followed  it  up  by  a  severe  and  unjust  attack 
against  the  President,  and  his  example  was  followed  by  several 
of  his  adherents.  From  this  time  forward,  as  has  been  already 
stated,  all  social  and  political  intercourse  ceased  between  the 
disunion  Senators  and  the  President. 

It  is  worth  notice,  that  whilst  this  letter  of  the  commission 
ers  was  published  at  length  in  the  "  Congressional  Globe," 
among  the  proceedings  of  the  Senate,  their  previous  letter  to 
the  President  of  the  28th  December,  and  his  answer  thereto  of 
the  31st,  were  never  published  in  this  so-called  official  regis 
ter,  although, copies  of  both  had  accompanied  his  special  mes 
sage.  By  this  means  the  offensive  letter  was  scattered  broad 
cast  over  the  country,  whilst  the  letter  of  the  President,  to 
which  this  professed  to  be  an  answer,  was  buried  in  one  of  the 
numerous  and  long  after  published  volumes  of  executive  docu 
ments. 

It  is  proper  to  advert  to  the  allegation  of  the  commissioners, 
in  their  letter  of  the  28th  December,  that  the  removal  of  Major 
Anderson  to  Fort  Sumter  was  made  in  violation  of  pledges 
given  by  the  President.  They  also  say  that  "  since  our  arrival 
an  officer  of  the  United  States,  acting,  as  we  are  assured,  not 
only  without  but  against  your  orders,  has  dismantled  one  fort 
and  occupied  another,  thus  altering  to  a  most  important  extent 


ON  THE  EVE  OF  THE  REBELLION.  185 

the  condition  of  affairs  under  which  we  came."  As  to  the  al 
leged  pledge,  we  have  already  shown  that  no  such  thing  existed. 
It  has  never  been  pretended  that  it  rests  upon  any  pretext  ex 
cept  the  note  of  the  9th  December,  delivered  to  the  President 
by  the  South  Carolina  members  of  Congress,  and  what  occurred 
on  that  occasion.  All  this  has  been  already  stated.  But  if  ad 
ditional  evidence  were  wanting  to  refute  the  assertion  of  a 
pledge,  this  might  be  found  in  the  statement  published  after 
wards  in  Charleston  by  two  of  their  number  (Messrs.  Miles  and 
Keitt),*  who,  in  giving  an  account  of  this  interview,  do  not 
pretend  or  even  intimate  that  any  thing  passed  even  in  their 
opinion  on  either  side  in  the  nature  of  a  pledge.  By  what  offi 
cer,  then,  was  the  assurance  given  to  the  commissioners  since 
their  arrival  dn  Washington,  that  Major  Anderson  had  acted 
not  only  without  but  against  the  President's  order  ?  It  was 
none  other  than  the  Secretary  oi*War  himself,  notwithstanding 
it  was  in  obedience  to  his  own  instructions  but  a  few  days  before 
that  the  removal  was  made  from  Fort  Moultrie  to  Fort  Sumter. 
This  appears  from  the  letter  of  Major  Anderson  to  the  War 
Department  of  the  27th  December,  the  day  after  his  removal, 
which  unfortunately  did  not  arrive  in  Washington  until  some 
days  after  its  date.  In  this  he  says :  "  I  will  add  that  many 
things  convinced  me  that  the  authorities  of  the  State  designed 
to  proceed  to  a  hostile  act "  (against  Fort  Moultrie),  the  very 
contingency  on  which  the  Secretary  had  not  only  authorized 
but  directed  the  Major  to  remove  his  troops  to  Fort  Sumter, 
should  he  deem  this  a  position  of  greater  security.  These  in 
structions  were  in  a  certain  sense  peculiarly  his  own.  They 
were  prepared  and  transmitted  to  Major  Anderson  by  himself. 
Throughout  they  do  not  mention  the  name  of  the  President, 
though  in  the  main  they  expressed  his  views. 

We  can  refer  to  a  probable  cause  for  this  strange  conduct  on 
the  part  of  the  Secretary.  This  was,  that  three  days  before  the 
South  Carolina  commissioners  reached  Washington,  the  Presi 
dent  had  communicated  to  him  (23d  December),  through  a  dis 
tinguished  friend  and  kinsman  of  his  own,  a  request  that  he 
should  resign  his  office,  with  a  statement  of  the  reason  why  this 

*  Appleton's  "American  Annual  Cyclopaedia"  for  1861,  p.  703. 


186  MR.  BUCHANAN'S  ADMINISTRATION 

was  made.  "When  he  heard  this  request  he  displayed  much 
feeling,  but  said  he  would  comply  with  the  President's  wishes. 
It  is  proper  to  state  the  reason  for  this  request.  On  the  night 
before  it  was  made  (22d  December),  the  fact  was  first  made 
known  to  the  President  that  8YO  State  bonds  for  $1,000  each, 
held  in  trust  by  the  Government  for  different  Indian  tribes,  had 
been  purloined  from  the  Interior  Department  by  Godard  Bailey, 
the  clerk  in  charge  of  them,  and  had  been  delivered  to  William 
H.  Eussell,  a  member  of  the  firm  of  "  Eussell,  Majors  &  Wad- 
dell."  Upon  examination,  it  was  discovered  that  this  clerk,  in 
lieu  of  the  bonds  abstracted,  had  from  time  to  time  received  bills 
of  corresponding  amount  from  Russell,  drawn  by  the  firm  on 
John  B.  Floyd,  Secretary  of  War,  and  by  him  accepted  and 
indorsed,  and  this  without  any  lawful  authority.  In  conse 
quence  there  was  found  in  the  safe  where  the  Indian  bonds  had 
been  kept,  a  number  of  these*  accepted  bills,  exactly  equal  in 
amount  to  $870,000.  These  acceptances  were  thirteen  in  num 
ber,  commencing  on  the  13th  September,  1860,  and  had  been 
received  by  Mr.  Bailey,  according  to  his  own  statement,  "  as 
collateral  security  for  the  return  of  the  bonds,"  and  as  such  had 
been  placed  by  him  in  the  safe.  It  is  remarkable  that  the  last 
of  them,  dated  on  the  13th  December,  1860,  for  $135,000,  had 
been  drawn  for  the  precise  sum  necessary  to  make  the  aggregate 
amount  of  the  whole  number  of  bills  exactly  equal  to  that  of 
the  abstracted  bonds. 

And  here  it  is  due  to  Secretaiy  Thompson  to  state,  though 
a  digression,  that  on  Monday  morning,  the  24th  December,  at 
his  own  instance,  the  House  of  Representatives  appointed  a 
committee  "  to  investigate  and  report  upon  the  subject,"  of 
which  Hon.  Mr.  Morris,  of  Illinois,  a  rancorous  opponent  of  the 
administration,  was  the  chairman.  After  a  full  investigation, 
the  committee  made  their  report  on  the  12th  February,  1861.* 
In  this  they  state :  "  They  deem  it  but  justice  to  add  that  they 
have  discovered  nothing  to  involve  the  late  Secretary,  Hon. 
Jacob  Thompson,  in  the  slightest  degree  in  the  fraud,  and  nothing 
to  indicate  that  he  had  any  complicity  in  the  transaction,  or  that 
he  had  any  knowledge  of  it  until  the  time  of  the  disclosure  by 

*  Report  of  Committee,  H.  E.,  1860-'61,  yol.  ii,  No.  78,  p.  3. 


ON  THE  EVE  OF  THE  REBELLION.  187 

Godard  Bailey/'  It  is  to  be  regretted,  for  the  sake  of  public 
justice,  that  all  the  circumstances  connected  with  the  abstraction 
of  these  bonds  had  not  been  subjected  to  a  judicial  investigation. 
This  was  rendered  impossible  by  the  action  of  the  committee 
itself,  in  examining  John  B.  Floyd  and  William  H.v  Russell  as 
witnesses.  For  this  reason  they  were  relieved  from  all  criminal 
responsibility  by  the  Act  of  Congress  of  the  24th  January,  1857,* 
of  the  existence  of  which  the  committee  seem  to  have  been  igno 
rant.  This  act  provides  that  no  person  examined  as  a  witness 
before  a  committee  of  either  House  of  Congress,  "  shall  be  held 
to  answer  criminally  in  any  court  of  justice  for  any  fact  or  act " 
"  touching  which  he  shall  have  testified."  In  this  manner  both 
Mr.  Floyd  and  Mr.  Russell  escaped  without  trial. 

To  return  from  our  digression.  Secretary  Floyd's  apparent 
complicity  with  this  fraudulent  transaction  covered  him  with 
suspicion,  and,  whether  this  were  well  or  ill  founded,  rendered  it 
impossible,  in  the  opinion  of  the  President,  that  he  should  re 
main  in  the  Cabinet ;  and  hence  the  request  that  he  should  re 
sign.  "What  effect  this  request  may  have  produced  in  suddenly 
converting  him  from  having  been  until  then  an  avowed  and  con 
sistent  opponent  of  secession  to  one  of  its  most  strenuous  sup 
porters,  may  be  readily  inferred.  Certain  it  is,  that  immediately 
after  the  arrival  of  the  South  Carolina  commissioners,  he  became 
the  intimate  associate  of  leading  secession  Senators,  who  had 
just  before  been  in  the  habit  of  openly  condemning  his  official 
conduct. 

On  the  evening  of  the  day  after  the  arrival  of  these  commis 
sioners  he  boldly  assumed  his  new  position,  and  became  the  only 
witness  to  a  pledge  which  his  own  instructions  of  a  few  days 
before  prove  could  never  have  existed.  On  that  evening,  in  the 
face  of  all  these  facts,  he  read  to  the  President,  in  Cabinet  coun 
cil,  in  a  discourteous  and  excited  tone,  hitherto  unknown,  a  paper 
declaring  that  "  it  is  evident  now,  from  the  action  of  the  com 
mander  at  Fort  Moultrie,  that  the  solemn  pledges  of  this  Gov 
ernment  have  been  violated  by  Major  Anderson,"  and  that  "  one 

*  11  Laws  U.  S.,  p.  155. 


188  ME.  BUCHANAN'S  ADMTNISTBATION 

remedy  only  is  left,  and  that  is  to  withdraw  the  garrison  from 
the  harbor  of  Charleston  altogether."  This  evidently  foreshad 
owed  the  demand  made  by  the  commissioners  on  the  following 
day  (28th  December),  of  which  we  have  already  treated.  This 
proposition  the  President  heard  with  astonishment.  As  he  had 
stated  in  his  reply  to  them  of  the  31st  December :  "  Such  an 
idea  was  never  thought  of  by  me.  No  allusion  had  ever  been 
made  to  it  in  any  commnnication  between  myself  and  any  human 
being." 

The  Secretary}  on  the  29th  December,  sent  to  the  President 
the  resignation  of  his  office.  By  this  he  offered  to  discharge  its 
duties  until  his  successor  should  be  appointed.  It  was  instantly 
accepted  without  reference  to  this  offer,  and  Postmaster  General 
Holt  was  transferred  to  the  War  Department. 

The  President  had  not  made  the  personal  acquaintance  of 
Mr.  Floyd  before  his  appointment.  Though  never  in  Congress, 
he  had  been,  like  his  father,  Governor  of  Virginia.  Mr.  Bu 
chanan  had  been  favorably  impressed  by  the  fact  that  he  had 
refused  to  accept  a  recommendation  from  the  Electoral  College 
of  Virginia  for  a  seat  in  the  Cabinet,  assigning  as  a  reason  that 
the  President,  in  making  selections  for  this  high  and  confiden 
tial  office,  ought  to  be  left  free  and  untrammelled  to  the  exer 
cise  of  his  own  judgment. 

The  removal  of  Major  Anderson  to  Fort  Sumter,  and  the 
seizure  by  South  Carolina  of  all  the  remaining  public  property 
at  Charleston,  altogether  changed  the  aspect  of  affairs  from  what 
it  had  been  at  the  date  of  the  interview  between  General  Scott 
and  the  President.  Fort  Sumter  was  now  threatened  with  an 
immediate  attack.  The  time  had  arrived  for  despatching  the 
Brooklyn  on  her  destined  expedition  for  its  relief.  At  this  crisis 
General  Scott,  being  too  unwell  to  call  in  person,  addressed  a 
note  to  the  President,  on  Sunday,  the  30th  December,  asking 
his  permission  to  send,  without  reference  to  the  "War  Depart 
ment,  and  otherwise  as  secretly  as  possible,  two  hundred  and 
fifty  recruits  from  JSTew  York  harbor  to  reenforce  Fort  Sumter, 
together  with  some  extra  muskets  or  rifles,  ammunition  and  sub 
sistence  stores,  expressing  the  hope  "  that  a  sloop-of-war  and 


ON   THE   EVE   OF   THE   KEBELLIOtf.  189 

cutter  may  be  ordered  for  the  same  purpose  as  early  as  to-mor 
row  "  (31st  December). 

The  President  immediately  decided  to  order  reinforcements  ; 
but  he  preferred  to  send  them  by  the  Brooklyn,  which  had  re 
mained  in  readiness  for  this  service.  He  thought  that  a  pow 
erful  war  steamer  with  disciplined  troops  on  board  would  prove 
more  effective  than  a  sloop-of-war  and  cutter  with  raw  recruits. 
Accordingly  on  the  next  morning  (Monday)  he  instructed  the  Sec 
retaries  of  War  and  the  Navy  to  despatch  the  Brooklyn  to  Fort 
Sumter.  On  the  evening  of  this  day  the  General  called  to  con 
gratulate  him  on  the  fact  that  the  Secretaries  had  already  issued 
appropriate  orders  to  the  respective  army  and  navy  officers,  and 
stated  that  these  were  then  in  his  own  pocket. 

In  contradiction  to  this  prompt  action,  it  is  difficult  to  im 
agine  how  the  General  could  have  asserted,  in  his  report  to 
President  Lincoln,  that  "  the  South  Carolina  commissioners  had 
already  been  many  days  in  Washington,  and  no  movement  of 
defence  [on  the  part  of  the  United  States]  had  been  permitted." 
In  regard  to  the  "  many  days^ "  delay : — These  commissioners  ar 
rived  in  Washington  on  the  26th  December ;  the  General  sent  his 
request  to  the  President  on  Sunday,  the  30th ;  and  on  Monday 
morning  he  himself  received  the  necessary  orders  for  the  depart 
ure  of  the  expedition.  General  Scott,  notwithstanding  this 
prompt  response  to  his  request,  proceeds  still  further,  and  charges 
the  President  with  having  "  refused  to  allow  any  attempt  to  be 
made  "  to  reenforce  Fort  Sumter,  "  because  he  was  holding  ne 
gotiations  with  the  South  Carolina  commissioners,"  although 
this  alleged  refusal  occurred  at  the  very  time  (31st  December) 
when  he  himself  had  in  his  own  hands  the  order  for  the  Brook 
lyn  to  proceed  immediately  to  Fort  Sumter.  E"ay,  more :  "  After 
wards,"  says  the  General,  "  Secretary  Holt  and  myself  endeav 
ored,  in  vain,  to  obtain  a  ship-of-war  for  the  purpose,  and  were 
finally  obliged  to  employ  the  passenger  steamer  Star  of  the  West" 
After  this  statement,  will  it  be  credited  that  the  Star  of  the  West 
was  employed  in  place  of  the  Brooklyn  at  the  pressing  instance 
of  General  Scott  himself?  And  yet  such  is  the  fact.  The  Presi 
dent  yielded  to  this  unfortunate  change  With  great  reluctance, 


190  MB.  BUCHANAN'S  ADMINISTEATION 

and  solely  in  deference  to  the  opinion  of  the  commanding  Gen 
eral  on  a  question  of  military  strategy.  What  a  failure  and 
confusion  of  memory  the  report  to  President  Lincoln  exhibits ! 

At  the  interview  with  President  Buchanan  on  the  evening 
of  the  31st  December,  the  General  seemed  cordially  to  approve 
the  matured  plan  of  sending  reinforcements  by  the  Brooklyn. 
Why,  then,  the  change  in  his  opinion  ?  At  this  interview  the 
President  informed  him  he  had  sent  a  letter  but  a  few  hours  be 
fore  to  the  South  Carolina  commissioners,  in  answer  to  a  com 
munication  from  them,  and  this  letter  would  doubtless  speedily 
terminate  their  mission ; — that  although  he  had  refused  to  recog 
nize  them  in  an  official  character,  yet  it  might  be  considered 
improper  to  transmit  the  orders  then  in  his  possession  to  the 
Brooklyn  until  they  had  an  opportunity  of  making  a  reply,  and 
that  the  delay  for  this  purpose  could  not,  in  his  opinion,  exceed 
forty-eight  hours.  In  this  suggestion  the  General  promptly  con 
curred,  observing  that  it  was  gentlemanly  and  proper.  He, 
therefore,  retained  the  orders  to  await  the  reply.  On  the  morn 
ing  of  the  2d  January  the  President  received  and  returned  the 
insolent  communication  of  the  South  Carolina  commissioners 
without  an  answer,  and  thus  every  obstacle  was  removed  from 
the  immediate  transmission  of  the  orders.  In  the  mean  time, 
however,  the  General  had  unluckily  become  convinced,  after 
advising  with  an  individual  believed  to  possess  much  knowledge 
and  practical  experience  in  naval  affairs,  that  the  better  plan  to 
secure  both  secrecy  and  success  would  be  to  send  to  Fort  Sumter 
a  fast  side- wheel  mercantile  steamer  from  New  York  with  the 
two  hundred  and  fifty  recruits. 

Such  was  the  cause  of  the  change,  according  to  the  undoubted 
information  communicated  to  the  President  at  the  time  by  tHe 
Secretaries  of  War  and  the  Navy.  For  this  reason  alone  was 
the  Star  of  the  West  substituted  for  the  service  instead  of  the 
BrooTdyn.  The  change  of  programme  caused  a  brief  delay ;  but 
the  Star  of  the  West,  with  recruits  on  board,  left  New  York  for 
Charleston  on  the  afternoon  of  the  5th  January.  On  the  even 
ing  of  the  same  day,  however,  on  which  this  ill-fated  steamer 
went  to  sea,  General  Scott  despatched  a  telegram  to  his  son-in- 


ON  THE  EVE  OF  THE  REBELLION.  191 

law,  Colonel  Scott,  of  the  United  States  army,  then  at  New. 
York,  to  countermand  her  departure ;  but  this  did  not  reach  him 
until  after  she  had  left  the  harbor. 

The  cause  of  this  countermand  proves  how  much  wiser  it 
would  have  been  to  employ  the  Brooklyn  in  the  first  instance  on 
this  important  service.  This  shall  be  stated  in  the  language  of 
Secretary  Holt  in  his  letter  of  the  5th  March,  1861,  in  reply  to 
certain  allegations  which  had  been  made  and  published  *  by  Mr. 
Thompson,  the  late  Secretary  of  the  Interior.  In  this  he  says : 
"  The  countermand  spoken  of  (by  Mr.  Thompson)  was  not  more 
cordially  sanctioned  by  the  President  than  it  was  by  General 
Scott  and  myself;  not  because  of  any  dissent  from  the  order  on 
the  part  of  the  President,  but  because  of  a  letter  received  that  day 
from  Major  Anderson,  stating,  in  effect,  that  he  regarded  him 
self  secure  in  his  position ;  and  yet  more  from  intelligence  which 
late  on  Saturday  evening  (5th  January,  1861)  reached  the  De 
partment,  that  a  heavy  battery  had  been  erected  among  the  sand 
hills,  at  the  entrance  to  Charleston  harbor,  which  would  prob 
ably  destroy  any  unarmed  vessel  (and  such  was  the  /Star  of  the 
West)  which  might  attempt  to  make  its  way  to  Fort  Sumter. 
This  important  information  satisfied  the  Government  that  there 
was  no  present  necessity  for  sending  reinforcements,  and  that 
when  sent  they  should  go  not  in  a  vessel  of  commerce,  but  of 
war.  Hence  the  countermand  was  despatched  by  telegraph  to 
New  York;  but  the  vessel  had  sailed  a  short  time  before  it 
reached  the  officer  (Colonel  Scott)  to  whom  it  was  addressed." 

General  Scott,  as  well  as  the  Secretaries  of  "War  and  the 
Navy,  convinced  of  the  blunder  which  had  been  committed  in 
substituting  the  Star  of  the  West  for  the  Brooklyn,  proceeded  to 
provide,  as  far  as  might  be  possible,  against  anticipated  disaster. 
For  this  purpose  the  Secretary  of  the  Navy,  on  the  fan  January, 
despatched  an  order  to  the  commander  of  the  Brooklyn  (Farra- 
gut),  and  General  Scott  simultaneously  forwarded  to  him  a 
despatch  to  be  delivered  to  the  TJ.  S.  officer  in  command  of 
the  recruits  on  the  Star  of  the  West.  By  this  the  commander 
of  the  recruits  was  informed  that  Captain  Farragut  had  been  in- 

*  "  National  Intelligencer,"  5th  March,  186*1 

13  •   , 


192  ME.    BUCHANAN'S   ADMINISTRATION 

stmcted  *to  afford  him  "  aid  and  succor  in  case  your  [his]  ship  be 
shattered  or  injured ;  second^  to  convey  this  order  of  recall,  in 
case  you  cannot  land  at  Fort  Sumter,  to  Fort  Monroe,  Hampton 
Roads,  there  to  await  further  orders."  In  a  postscript  he  was 
further  directed  "  to  land  his  troops  at  Fort  Monroe  and  dis 
charge  the  ship."  The  sequel  will  show  that  these  precautions 
were  useless. 

The  Star  of  the  West,  under  the  command  of  Captain 
McGowan,  proceeded  on  her  ill-starred  voyage,  amid  anxious 
apprehensions  for  the  fate  of  the  recruits  and  mariners  on  board. 
She  arrived  in  Charleston  harbor  on  the  9th  of  January,  the  flag 
of  the  United  States  flying  at  her  mast-head ;  and  whilst  en 
deavoring  to  approach  Fort  Sumter,  was  fired  upon  by  order  of 
Governor  Pickens.  She  then  immediately  changed  her  course 
and  returned  to  New  York.  Fortunately  no  lives  were  lost,  nor 
was  the  vessel  materially  injured.  This  statement  of  facts  proves 
incontestably  that  the  President,  so  far  from  refusing,  was  not 
only  willing  but  anxious,  within  the  briefest  period,  to  reenforce 
Fort  Sumter. 

On  the  very  day  and  immediately  after  this  outrage  on  the 
Star  of  the  West,  Major  Anderson  sent  a  flag  to  Governor 
Pickens,  informing  him  of  the  reason  why  he  had  not  opened  fire 
from  Fort  Sumter  on  the  batteries  which  had  attacked  the  Star 
of  the  West.  This  was  because  he  presumed  the  act  had  been 
unauthorized.  He  demanded  its  disavowal,  and  if  this  were  not 
sent  in  a  reasonable  time  he  would  consider  it  war,  and  fire  on 
any  vessel  that  attempted  to  leave  the  harbor.  Had  he  adhered 
to  his  purpose,  the  civil  war  would  then  have  commenced.  This 
demand  of  Major  Anderson,  so  worthy  of  an  American  officer, 
was  totally  disregarded  by  the  Governor.  Instead  of  disavow 
ing  the  act  or  apologizing  for  it,  he  had  the  audacity,  but  two 
days  after  the  outrage,  to  send  the  Hon.  A.  G.  Magrath  and 
General  D.  F.  Jamison,  whom  he  styled  as  "  both  members  of 
the  Executive  Council  and  of  the  highest  position  in  the  State," 
to  Major  Anderson,  for  the  purpose  of  persuading  him  to  surren 
der  the  fort.  In  the  letter  which  they  bore  from  the  Governor, 
dated  on  the  llth  January,  they  were  instructed  to  present  to 


OK  THE  EVE  OF  THE  REBELLION.  193 

Major  Anderson  "  considerations  of  the  gravest  public  character, 
and  of  the  deepest  interest  to  all  who  deprecate  the  improper 
waste  of  life,  to  induce  the  delivery  of  Fort  Sumter  to  the  consti 
tuted  authorities  of  the  State  of  South  Carolina,  with  a  pledge 
on  its  part  to  account  for  such  public  property  as  may  be  in 
your  charge." 

This  Major  Anderson  appears  to  have  regarded,  not  merely 
as  an  effort  to  persuade  him  voluntarily  to  surrender  the  fort, 
but  as  an  absolute  demand  for  its  surrender.  In  either  case, 
however,  his  instructions,  already  quoted,  prescribed  his  line  of 
duty.  Under  these  he  ought  to  have  peremptorily  informed  the 
emissaries  of  the  Governor  that  he  would  not  surrender,  but 
would  defend  the  fort  against  attack  by  all  the  means  in  his 
power.  In  this  course  he  would  not  only  have  obeyed  his  in 
structions,  but  have  acted  in  accordance  with  the  explicit  deter 
mination  of  the  President,  announced  but  eleven  days  before 
(31st  December)  to  the  South  Carolina  commissioners.  But 
Major  Anderson,  notwithstanding  these  considerations,  as  well 
as  his  own  declared  purpose  but  two  days  before  to  consider  the 
attack  on  the  Star  of  the  West  as  war,  and  to  act  accordingly, 
unless  it  should  be  explained  and  disavowed,  now  proposed  to 
Governor  Pickens  to  refer  the  question  of  surrender  to  Washing 
ton.  In  his  answer  of  the  same  date  to  the  Governor's  menacing 
request,  whilst  stating  that  he  could  not  comply  with  it,  and 
deeply  regretting  that  the  Governor  should  have  made  a  demand 
of  him  with  which  he  could  not  comply,  he  presents  the  follow 
ing  alternative  :  "  Should  your  Excellency  deem  fit,  prior  to  a 
resort  to  arms,  to  refer  this  matter  to  Washington,  it  would  afford 
me  the  sincerest  pleasure  to  depute  one  of  my  officers  to  accom 
pany  any  messenger  you  may  deem  proper  to  be  the  bearer  of 
your  demand."  This  proposition  was  promptly  accepted  by  the 
Governor,  and  in  pursuance  thereof  he  sent  on  his  part  Hon.  L 
W.  Hayne,  Attorney-General  of  South  Carolina,  to  Washington  ; 
whilst  Major  Anderson  sent  as  his  deputy  Lieutenant  J.  Nor 
man  Hall,  of  the  first  artillery,  then  under  his  command  in  the 
fort.  These  gentlemen  immediately  set  out  for  Washington, 
and  arrived  together  on  the  evening  of  the  13th  January,  1861. 


MB.  BUCHANAN'S  ADMINISTRATION 

TJrus,  greatly  to  the  surprise  of  the  President,  had  a  truce 
or  suspension  of  arms  been  concluded  between  Major  Anderson 
and  Governor  Pickens,  to  continue,  from  its  very  nature,  until  he 
should  again  decide  against  the  surrender  of  Fort  Sumter.  This 
was  what  the  writers  on  public  law  denominate  "  a  partial  truce 
under  which  hostilities  are  suspended  only  in  certain  places,  as 
between  a  town  and  the  army  besieging  it."  *  Until  this  deci 
sion  should  be  made  by  the  President,  Major  Anderson  had  thus 
placed  it  out  of  his  own  power  to  ask  for  reinforcements,  and 
equally  out  of  the  power  of  the  Government  to  send  them  with 
out  a  violation  of  the  public  faith  pledged  by  him  as  the  com 
mandant  of  the  fort.  In  the  face  of  these  facts,  the  President 
saw  with  astonishment  that  General  Scott,  in  his  report  to  Pres 
ident  Lincoln,  had  stated  that  the  expedition  under  Captain 
"Ward,  of  three  or  four  small  steamers,  "  had  been  kept  back," 
not  in  consequence  of  this  truce  between  Major  Anderson  and 
Governor  Pickens,  "  but  by  something  like  a  truce  or  armistice 
concluded  here  [in  "Washington],  embracing  Charleston  and 
Pensacola  harbors,  agreed  upon  between  the  late  President  and 
certain  principal  seceders  of  South  Carolina,  Florida,  Louisiana, 
&c.,  and  this  truce  lasted  to  the  end  of  the  administration." 
From  the  confused  and  inaccurate  memory  of  the  General, 
events  altogether  distinct  in  their  nature  are  so  blended  in  his 
report  to  President  Lincoln,  that  it  is  difficult  to  disentangle 
them.  Such  is  eminently  the  case  in  mixing  up  the  facts  rela 
tive  to  Charleston  and  Pensacola  in  the  same  sentences.  In 
order  to  render  each  clear,  we  shall  first  treat  of  Charleston  and 
afterwards  of  Pensacola. 

The  expedition  of  the  Stow  of  the  West  had  scarcely  re 
turned  to  JSTew  York,  when  the  news  of  the  truce  between  Major 
Anderson  and  Governor  Pickens  reached  Washington  (13th 
January).  Between  the  two  events  it  was  physically  impossi 
ble  to  prepare  and  send  a  second  expedition,  and  this  could  not 
be  done  afterwards  until  the  truce  should  expire,  without  a  vio 
lation  of  public  faith.  It  did  not  last,  as  the  General  asserts, 
"  to  the  end  of  the  administration,"  but  expired  by  its  own  lim- 

*  Vattel's  Law  of  Nations,  p.  404. 


ON  THE  EVE  OF  THE  REBELLION.  195 

itation  on  the  5th  February,  the  day  when  Secretary  Holt  finally 
and  peremptorily  announced  to  the  South  Carolina  commis 
sioner  that  the  President  would  not  under  any  circumstances 
surrender  Fort  Sumter.  It  is  possible  that,  under  the  laws  of 
war,  the  President  might  have  annulled  this  truce  after  due  no 
tice  to  Governor  Pickens.  This,  however,  would  have  cast  a 
serious  reflection  on  Major  Anderson  for  Having  concluded  it, 
who,  beyond  question,  had  acted  from  the  purest  and  most  pa 
triotic  motives.  Neither  General  Scott  nor  any  other  person, 
so  far  as  is  known,  ever  proposed  to  violate  it.  Indeed,  from 
his  peculiar  temper  of  mind  and  military  training,  he  would 
have  been  the  last  man  to  make  such  a  proposition ;  and  yet,  in 
his  report  to  President  Lincoln,  he  does  not  make  the  most  dis 
tant  allusion  to  the  fact,  well  known  to  him,  that  such  a  truce 
had  ever  been  concluded.  Had  he  done  this,  he  would  at  once 
have  afforded  conclusive  evidence  against  sending  reenforce- 
rnents  until  it  should  expire.  On  the  contrary,  instead  of  the 
actual  truce,  "  something  like  a  truce,"  according  to  his  state 
ment,  was  made,  not  in  Charleston,  but  in  Washington,  and  not 
between  the  actual  parties  to  it,  but  "  between  the  late  President 
and  certain  principal  seceders  of  South  Carolina."  Nothing 
more  unfounded  and  unjust  could  have  been  attributed  to  Pres 
ident  Buchanan. 

Major  Anderson  may  probably  have  committed  an  error  in 
not  promptly  rejecting  the  demand,  as  he  understood  it,  of  Gov 
ernor  Pickens  for  the  surrender  of  Fort  Sumter,  instead  of  refer 
ring  it  to  Washington.  If  the  fort  were  to  be  attacked,  which 
was  then  extremely  doubtful,  this  was  the  propitious  moment 
for  a  successful  resistance.  The  Governor,  though  never  so  will 
ing,  was  not  in  a  condition  to  make  the  assault.  He  required 
time  for  preparation.  On  the  other  hand,  Major  Anderson  was 
then  confident  in  his  power  to  repel  it.  This  is  shown  by  his 
letters  to  the  War  Department  of  the  31st  December  and  6th 
January.  From  these  it  appears  that  he  not  only  felt  safe  in 
his  position,  but  confident  that  he  could  command  the  harbor 
of  Charleston,  and  hold  the  fort  in  opposition  to  any  force  which 
might  be  brought  against  him.  Such  was,  also,  the  oft-expressed 


196  ME.  BUCHANAN'S  ADMINISTRATION 

conviction  at  "Washington  of  Lieutenant  Hall,  whom  he  had 
selected  as  his  deputy,  as  well  as  that  of  Lieutenant  Theodore 
Talbot,  likewise  of  the  1st  artillery,  who  had  left  Fort  Sumter 
on  the  9th  January,  1861,  as  a  bearer  of  despatches.  Still,  had 
Governor  Pickens  attacked  the  fort,  this  would  have  been  the 
commencement  of  civil  war  between  the  United  States  and 
South  Carolina.  This  every  patriot  desired  to  avoid  as  long  as 
a  reasonable  hope  should  remain  of  preserving  peace.  And 
then  such  a  hope  did  extensively  prevail,  founded  upon  the  ex 
pectation  that  the  Crittenden  Compromise,  or  some  equally 
healing  measure,  might  be  eventually  adopted  by  Congress. 
How  far  this  consideration  may  account  for  Major  Anderson's 
forbearance  when  the  Star  of  the  West  was  fired  upon,  and 
for  his  proposal  two  days  thereafter  to  refer  the  question  of  the 
surrender  of  the  fort  to  Washington,  we  can  only  conjecture.  If 
this  were  the  cause,  his  motive  deserves  high  commendation. 

Colonel  Hayne,  the  commissioner  from  South  Carolina,  as 
already  stated,  arrived  in  Washington  on  the  13th  January. 
He  bore  with  him  a  letter  from  Governor  Pickens  addressed  to 
the  President.  On  the  next  morning  he  called  upon  the  Presi 
dent  and  stated  that  he  would  deliver  this  letter  in  person  on 
the  day  following.  The  President,  however,  admonished  by  his 
recent  experience  with  the  former  commissioners,  declined  to 
hold  any  conversation  with  him  on  the  subject  of  his  mission, 
and  requested  that  all  communications  between  them  might  be 
in  writing.  To  this  he  assented.  Although  the  President  had 
no  actual  knowledge  of  the  contents  of  the  Governor's  letter, 
he  could  not  doubt  it  contained  a  demand  for  the  surrender  of 
the  fort.  Such  a  demand  he  was  at  all  times  prepared  peremp 
torily  to  reject.  This  Colonel  Hayne  must  .have  known,  be 
cause  the  President  had  but  a  fortnight  before  informed  his  pre 
decessors  this  was  impossible,  and  had  never  been  thought  of  by 
him  in  any  possible  contingency.  The  President  confidently 
expected  that  the  letter  would  be  transmitted  to  him  on  the  day 
after  the  interview,  when  his  refusal  to  surrender  the  fort  would 
at  once  terminate  the  truce,  and  leave  both  parties  free  to  act 
upon  their  own  responsibility.  Colonel  Hayne,  however,  did 


ON  THE  EVE  OF  THE  EEBELLION.  197 

not  transmit  this  letter  to  the  President  on  the  15th  January, 
according  to  his  promise,  but  withheld  it  until  the  31st  of  that 
month.  The  reason  for  this  vexatious  delay  will  constitute  a 
curious  portion  of  our  narrative,  and  deserves  to  be  mentioned 
in  some  detail.  (  Vide  the  President's  message  of  8th  Febru 
ary,  1861,  with  the  accompanying  documents,  Ex.  Doc.,  H.  R., 
vol.  ix.,  No.  61.) 

The  Senators  from  the  cotton  States  yet  in  Congress  ap 
peared,  strangely  enough,  to  suppose  that  through  their  influence 
the  President  might  agree  not  to  send  reinforcements  to  Fort 
Sumter,  provided  Governor  Pickens  would  stipulate  not  to  at 
tack  it.  By  such  an  agreement  they  proposed  to  preserve  the 
peace.  But  first  of  all  it  was  necessary  for  them  to  prevail  upon 
Colonel  Hayne  not  to  transmit  the  letter  to  the  President  on 
the  day  appointed,  because  they  well  knew  that  the  demand 
which  it  contained  would  meet  his  prompt  and  decided  refusal. 
This  would  render  the  conclusion  of  such  an  agreement  impos 
sible. 

In  furtherance  of  their  plan,  nine  of  these  Senators,  with 
Jefferson  Davis  at  their  head,  addressed  a  note  to  Colonel  Hayne, 
on  the  15th  January,  requesting  him  to  defer  the  delivery  of  the 
letter.  They  proposed  that  he  should  withhold  it  until  they 
could  ascertain  from  the  President  whether  he  would  agree  not 
to  send  reinforcements,  provided  Governor  Pickens  would  en 
gage  not  to  attack  the  fort.  They  informed  the  Colonel  that 
should  the  President  prove  willing  in  the  first  place  to  enter  into 
such  an  arrangement,  they  would  then  strongly  recommend  that 
he  should  not  deliver  the  letter  he  had  in  charge  for  the  present, 
but  send  to  South  Carolina  for  authority  from  Governor  Pick- 
ens  to  become  a  party  thereto.  Colonel  Hayne,  in  his  answer 
to  these  Senators  of  the  17th  January,  informed  them  that  he 
had  not  been  clothed  with  power  to  make  the  arrangement  sug 
gested,  but  provided  they  could  get  assurances  with  which  they 
were  entirely  satisfied  that  no  reinforcements  would  be  sent  to 
Fort  Sumter,  he  would  withhold  the  letter  with  which  he  had 
been  charged,  refer  their  communication  to  the  authorities  of 
South  Carolina,  and  await  further  instructions. 


198  ME.  BUCHANAN'S  ADMINISTKATION 

On  the  19tli  January  this  correspondence  between  the  Sena 
tors  and  Colonel  Hayne  was  submitted  to  the  President,  accom 
panied  by  a  note  from  three  of  their  number,  requesting  him  to 
take  the  subject  into  consideration.  His  answer  to  this  note 
was  delayed  no  longer  than  was  necessary  to  prepare  it  in  proper 
form.  On  the  22d  January  it  was  communicated  to  these  Sen 
ators  in  a  letter  from  the  Secretary  of  War.  This  contained  an 
express  refusal  to  enter  into  the  proposed  agreement.  Mr.  Holt 
says :  "  I  am  happy  to  observe  that,  in  your  letter  to  Colonel 
Hayne,  you  express  the  opinion  that  it  is  '  especially  due  from 
South  Carolina  to  our  States,  to  say  nothing  of  other  slavehold- 
ing  States,  that  she  should,  so  far  as  she  can  consistently  with 
her  honor,  avoid  initiating  hostilities  between  her  and  the  United 
States  or  any  other  power.'  To  initiate  such  hostilities  against 
Fort  Sumter  would,  beyond  question,  be  an  act  of  war  against 
the  United  States.  In  regard  to  the  proposition  of  Colonel 
Hayne,  *  that  no  reinforcements  will  be  sent  to  Fort  Sumter  in 
the  interval,  and  that  public  peace  will  not  be  disturbed  by 
any  act  of  hostility  toward  South  Carolina,'  it  is  impossible  for 
me  to  give  you  any  such  assurances.  The  President  has  no  au 
thority  to  enter  into  such  an  agreement  or  understanding.  As 
an  executive  officer,  he  is  simply  bound  to  protect  the  public 
property  so  far  as  this  may  be  practicable  ;  and  it  would  be  a 
manifest  violation  of  his  duty  to  place  himself  under  engage 
ments  that  he  would  not  perform  this  duty,  either  for  an  indefi 
nite  or  limited  period.  At  the  present  moment  it  is  not  deemed 
necessary  to  reenforce  Major  Anderson,  because  he  makes  no 
such  request  and  feels  quite  secure  in  his  position.  Should  his 
safety,  however,  require  reinforcements,  every  effort  will  be 
made  to  supply  them." 

It  was  believed  by  the  President  that  this  peremptory  refusal 
to  enter  into  the  proposed  agreement,  would  have  caused  Colo 
nel  Hayne  immediately  to  present  the  letter  he  had  in  charge 
and  thus  terminate  his  mission,  thereby  releasing  both  parties 
from  the  obligations  of  the  truce.  In  this  expectation  the  Pres 
ident  was  disappointed.  The  secession  Senators  again  inter 
posed,  and  advised  Colonel  Hayne  still  longer  to  withhold  the 
letter  from  the  President,  and  await  further  instructions  from 


ON  THE  EVE  OF  THE  REBELLION.  199 

Charleston.  In  his  answer  of  24th  January  to  their  note  con 
taining  this  advice,  he  informs  them  that  although  the  letter 
from  the  Secretary  of  "War  "  was  far  from  being  satisfactory," 
yet  in  compliance  with  their  request  he  "  would  withhold  the 
communication  with  which  he  was  at  present  charged,  and  refer 
the  whole  matter  to  the  authorities  of  South  Carolina,  and 
would  await  their  reply."  On  the  30th  this  reply  was  received, 
and  on  the  next  day  Colonel  Hayne  transmitted  to  the  Presi 
dent  the  letter  of  Governor  Pickens  demanding  the  surrender 
of  the  fort,  with  a  long  communication  from  himself.  This  let 
ter  is  dated  "  Headquarters,  Charleston,  January  12, 1861,"  and 
is  as  follows : 

"*'  SIR  :  At  the  time  of  the  separation  of  the  State  of  South 
Carolina  from  the  United  States,  Fort  Sumter  was,  and  still  is, 
in  the  possession  of  troops  of  the  United  States,  under  the  com 
mand  of  Major  Anderson.  I  regard  that  possession  as  not  con 
sistent  with  the  dignity  or  safety  of  the  State  of  South  Caro 
lina,  and  have  this  day  [it  was  the  day  previous]  addressed 
to  Major  Anderson  a  communication  to  obtain  from  him  the 
possession  of  that  fort  by  the  authorities  of  this  State.  The 
reply  of  Major  Anderson  informs  me  that  he  has  no  authority 
to  do  what  I  required,  but  he  desires  a  reference  of  the  demand 
to  the  President  of  the  United  States.  Under  the  circum 
stances  now  existing,  and  which  need  no  comment  by  me,  I 
have  determined  to  send  to  you  Hon.  I.  "W.  Hayne,  the  Attor 
ney-General  of  the  State  of  South  Carolina,  and  have  instructed 
him  to  demand  the  delivery  of  Fort  Sumter,  in  the  harbor  of 
Charleston,  to  the  constituted  authorities  of  the  State  of  South 
Carolina.  The  demand  I  have  made  of  Major  Anderson,  and 
which  I  now  make  of  you,  is  suggested  by  my  earnest  desire  to 
avoid  the  bloodshed  which  a  persistence  in  your  attempt  to  re 
tain  possession  of  that  fort  will  cause,  and  which  will  be  una 
vailing  to  secure  to  you  that  possession,  but  induce  a  calamity 
most  deeply  to  be  deplored.  If  consequences  so  unhappy  shall 
ensue,  I  will  secure  for  this  State,  in  the  demand  which  I  now 
make,  the  satisfaction  of  having  exhausted  every  attempt  to 
avoid  it. 

"  In  relation  to  the  public  property  of  the  United  States 


200  ME.  BUCHANAN'S  ADMINISTRATION 

within  Fort  Sumter,  the  Hon.  I.  W.  Hayne,  who  will  hand  yon 
this  communication,  is  authorized  to  give  you  the  pledge  of  the 
State  that  the  valuation  of  such  property  will  be  accounted  for 
by  this  State,  upon  the  adjustment  of  its  relations  with  the 
United  States,  of  which  it  was  a  part." 

On  the  6th  February,  the  Secretary  of  War,  on  behalf  of 
the  President,  replied  to  this  demand,  as  well  as  to  the  letter  of 
Colonel  Hayne  accompanying  it.  Our  narrative  would  be  in 
complete  without  this  admirable  and  conclusive  reply.  It  is  as 
follows : 

"WAR  DEPARTMENT,  February  6,  1861.* 

"  SIR  :  The  President  of  the  United  States  has  received  your 
letter  of  the  31st  ultimo,  and  has  charged  me  with  the  duty  of 
replying  thereto. 

"  In  the  communication  addressed  to  the  President  by  Gov 
ernor  Pickens,  under  date  of  the  12th  January,  and  which  ac 
companies  yours  now  before  me,  his  Excellency  says :  c  I  have 
determined  to  send  to  you  the  Hon.  I.  W.  Hayne,  the  Attorney- 
General  of  the  State  of  South  Carolina,  and  have  instructed 
him  to  demand  the  surrender  of  Fort  Sumter,  in  the  harbor 
of  Charleston,  to  the  constituted '  authorities  of  the  State  of 
South  Carolina.  The  demand  I  have  made  of  Major  Ander 
son,  and.  which  I  now  make  of  you,  is  suggested  because  of  my 
earnest  desire  to  avoid  the  bloodshed  which  a  persistence  in  your 
attempt  to  retain  the  possession  of  that  fort  will  cause,  and 
which  will  be  unavailing  to  secure  to  you  that  possession,  but 
induce  a  calamity  most  deeply  to  be  deplored.'  The  character 
of  the  demand  thus  authorized  to  be  made  appears  (under  the 
influence,  I  presume,  of  the  correspondence  with  the  Senators 
to  which  you  refer)  to  have  been  modified  by  subsequent  in 
structions  of  his  Excellency,  dated  the  26th,  and  received  by 
yourself  on  the  30th  January,  in  which  he  says :  ( If  it  be  so 
that  Fort  Sumter  is  held  as  property,  then,  as  property,  the 
rights,  whatever  they  may  be,  of  the  United  States,  can  be  as 
certained,  and  for  the  satisfaction  of  these  rights  the  pledge  of 
the  State  of  South  Carolina  you  are  authorized  to  give.'  The 
full  scope  and  precise  purport  of  your  instructions,  as  thus  modi- 

*  H.  B-TEx.  Doc.,  1860-'61,  vol.  ix.,  Doc.,  No  61. 


ON  THE  EVE  OF  THE  REBELLION.  201 

fied,  yon  have  expressed  in  the  following  words :  '  I  do  not  come 
as  a  military  man  to  demand  the  surrender  of  a  fortress,  but  as  the 
legal  officer  of  the  State — its  attorney-general — to  claim  for  the 
State  the  exercise  of  its  undoubted  right  of  eminent  domain, 
and  to  pledge  the  State  to  make  good  all  injury  to  the  rights  of 
property  which  arise  from  the  exercise  of  the  claim.'  And  lest 
this  explicit  language  should  not  sufficiently  define  your  posi 
tion,  you  add :  l  The  proposition  now  is  that  her  [South  Caro 
lina's]  law  officer  should,  under  authority  of  the  Governor  and 
his  council,  distinctly  pledge  the  faith  of  South  Carolina  to 
make  such  compensation,  in  regard  to  Fort  Sumter  and  its  ap 
purtenances  and  contents,  to  the  full  extent  of  the  money  value 
of  the  property  of  the  United  States,  delivered  over  to  the 
authorities  of  South  Carolina  by  your  command.'  You  then 
adopt  his  Excellency's  train  of  thought  upon  the  subject,  so  far 
as  to  suggest  that  the  possession  of  Fort  Sumter  by  the  United 
States,  '  if  continued  long  enough,  must  lead  to  collision,'  and 
that c  an  attack  upon  it  would  scarcely  improve  it  as  property, 
whatever  the  result;  and  if  captured,  it  would  no  longer  be  the 
subject  of  account.' 

"  The  proposal,  then,  now  presented  to  the  President,  is  simply 
an  offer  on  the  part  of  South  Carolina  to  buy  Fort  Sumter  and 
contents  as  property  of  the  United  States,  sustained  by  a  decla 
ration,  in  effect,  that  if  she  is  not  permitted  to  make  the  purchase 
she  will  seize  the  fort  by  force  of  arms.  As  the  initiation  of  a 
negotiation  for  the  transfer  of  property  between  friendly  gov 
ernments,  this  proposal  impresses  the  President  as  having  as 
sumed  a  most  unusual  form.  He  has,  however,  investigated  the 
claim  on  which  it  professes  to  be  based,  apart  from  the  declara 
tion  that  accompanies  it.  And  it  may  be  here  remarked,  that 
much  stress  has  been  laid  upon  the  employment  of  the  words 
'  property '  and  ( public  property '  by  the  President  in  his  sev 
eral  messages.  These  are  the  most  comprehensive  terms  which 
can  be  used  in  such  a  connection,  and  surely,  when  referring  to 
a  fort  or  any  other  public  establishment,  they  embrace  the  entire 
and  undivided  interest  of  the  Government  therein. 

"  The  title  of  the  United  States  to  Fort  Sumter  is  complete 
and  incontestable.  Were  its  interest  in  this  property  purely 


ME.  BUCHANAN'S  ADMINISTEATION 

proprietary,  in  the  ordinary  acceptation  of  the  term,  it  might 
probably  be  subjected  to  the  exercise  of  the  right  of  eminent  do 
main  ;  but  it  has  also  political  relations  to  it  of  a  much  higher 
and  more  imposing  character  than  those  of  mere  proprietorship. 
It  has  absolute  jurisdiction  over  the  fort  and  the  soil  on  which  it 
stands.  This  jurisdiction  consists  in  the  authority  to  c  exercise 
exclusive  legislation '  over  the  property  referred  to,  and  is  there 
fore  clearly  incompatible  with  the  claim  of  eminent  domain  now 
insisted  upon  by  South  Carolina.  This  authority  was  not  de 
rived  from  any  questionable  revolutionary  source,  but  from  the 
peaceful  cession  of  South  Carolina  herself,  acting  through  her 
legislature,  under  a  provision  of  the  Constitution  of  the  United 
States.  South  Carolina  can  no  more  assert  the  right  of  eminent 
domain  over  Fort  Sumter  than  Maryland  can  assert  it  over  the 
District  of  Columbia.  The  political  and  proprietary  rights  of 
the  United  States  in  either  case  rest  upon  precisely  the  same 
ground. 

"  The  President,  however,  is  relieved  from  the  necessity  of 
further  pursuing  this  inquiry  by  the  fact  that,  whatever  may  be 
the  claim  of  South  Carolina  to  this  fort,  he  has  no  constitutional 
power  to  cede  or  surrender  it.  The  property  of  the  United 
States  has  been  acquired  by  force  of  public  law,  and  can  only  be 
disposed  of  under  the  same  solemn  sanctions.  The  President,  as 
the  head  of  the  executive  branch  of  the  government  only,  can  no 
more  sell  and  transfer  Fort  Sumter  to  South  Carolina  than  he 
can  sell  and  convey  the  Capitol  of  the  United  States  to  Mary 
land  or  to  any  other  State  or  individual  seeking  to  possess  it. 
His  Excellency  the  Governor  is  too  familiar  with  the  Constitu 
tion  of  the  United  States,  and  with  the  limitations  upon  the 
powers  of  the  Chief  Magistrate  of  the  government  it  has  estab 
lished,  not  to  appreciate  at  once  the  soundness  of  this  legal  prop 
osition.  The  question  of  reenforcing  Fort  Sumter  is  so  fully 
disposed  of  in  my  letter  to  Senator  Slidell  and  others,  under  date 
of  the  22d  of  January,  a  copy  of  which  accompanies  this,  that  its 
discussion  will  not  now  be  renewed.  I  then  said:  '  At  the  present 
moment  it  is  not  deemed  necessary  to  reenforce  Major  Anderson, 
because  he  makes  no  such  request.  Should  his  safety,  however, 
require  reinforcements,  every  effort  will  be  made  to  supply 


ON  THE  EVE  OF  THE  KEBELLION.  203 

them.'    I  can  add  nothing  to  the  explicitness  of  this  language, 
which  still  applies  to  the  existing  status. 

"  The  right  to  send  forward  reinforcements'  when,  in  the 
judgment  of  the  President,  the  safety  of  the  garrison  requires 
them,  rests  on  the  same  unquestionable  foundation  as  the  right 
to  occupy,  the  fortress  itself.  In  the  letter  of  Senator  Davis  and 
others  to  yourself,  under  date  of  the  15th  ultimo,  they  say :  '  "We 
therefore  think  it  especially  due  from  South  Carolina  to  our  States 
— to  say  nothing  of  other  slaveholding  States — that  she  should, 
as  far  as  she  can  consistently  with  her  honor,  avoid  initiating  hos 
tilities  between  her  and  the  United  States  or  any  other  power ; ' 
and  you  now  yourself  give  to  the  President  the  gratifying  as 
surance  that  c  South  Carolina  has  every  disposition  to  preserve 
the  public  peace ; '  and  since  he  is  himself  sincerely  animated  by 
the  same  desire,  it  would  seem  that  this  common  and  patriotic 
object  must  be  of  certain  attainment.  It  is  difficult,  however, 
to  reconcile  with  this  assurance  the  declaration  on  your  part  that 
6  it  is  a  consideration  of  her  [South  Carolina's]  own  dignity  as  a 
sovereign,  and  the  safety  of  her  people,  which  prompts  her  to 
demand  that  this  property  should  not  longer  be  used  as  a  mili 
tary  post  by  a  government  she  no  longer  acknowledges,'  and  the 
thought  you  so  constantly  present,  that  this  occupation  must 
lead  to  a  collision  of  arms  and  the  prevalence  of  civil  war. 
Fort  Sumter  is  in  itself  a  military  post,  and  nothing  else ;  and 
it  would  seem  that  not  so  much  the  fact  as  the  purpose  of  its  use 
should  give  to  it  a  hostile  or  friendly  character.  This  fortress  is 
now  held  by  the  Government  of  the  United  States  for  the  same 
objects  for  which  it  has  been  held  from  the  completion  of  its 
construction.  These  are  national  and  defensive ;  and  were  a 
public  enemy  now  to  attempt  the  capture  of  Charleston  or  the 
destruction  of  the  commerce  of  its  harbor,  the  whole  force  of  the 
batteries  of  this  fortress  would  be  at  once  exerted  for  their  pro 
tection.  How  the  presence  of  a  small  garrison,  actuated  by  such 
a  spirit  as  this,  can  compromise  the  dignity  or  honor  of  South 
Carolina,  or  become  a  source  of  irritation  to  her  people,  the 
President  is  at  a  loss  to  understand.  The  attitude  of  that  garri 
son,  as  has  been  often  declared,  is  neither  menacing,  nor  defiant, 
nor  unfriendly.  It  is  acting  under  orders  to  stand  strictly  on  the 


204 

defensive ;  and  the  government  and  people  of  South  Carolina 
must  well  know  that  they  can  never  receive  aught  but  shelter 
from  its  guns,  unless,  in  the  absence  of  all  provocation,  they 
should  assault  it  and  seek  its  destruction.  The  intent  with 
which  this  fortress  is  held  by  the  President  is  truthfully  stated 
by  Senator  Davis  and  others  in  their  letter  to  yourself  of  the  15th 
January,  in  which  they  say  :  '  It  is  not  held  with  any  hostile  or 
unfriendly  purpose  toward  your  State,  but  merely  as  property 
of  the  United  States,  which  the  President  deems  it  his  duty  to 
protect  and  preserve.' 

"  If  the  announcement  so  repeatedly  made  of  the  President's 
pacific  purposes  in  continuing  the  occupation  of  Fort  Sumter 
until  the  question  shall  have  been  settled  by  competent  authority, 
has  failed  to  impress  the  government  of  South  Carolina,  the  for 
bearing  conduct  of  his  administration  for  the  last  few  months 
should  "be  received  as  conclusive  evidence  of  his  sincerity.  And 
if  this  forbearance,  in  view  of  the  circumstances  which  have  so 
severely  tried  it,  be  not  accepted  as  a  satisfactory  pledge  of  the 
peaceful  policy  of  this  administration  toward  South  Carolina, 
then  it  may  be  safely  affirmed  that  neither  language  nor  conduct 
can  possibly  furnish  one.  If,  with  all  the  multiplied  proofs 
which  exist  of  the  President's  anxiety  for  peace,  and  of  the  ear 
nestness  with  which  he  has  pursued  it,  the  authorities  of  that 
State  shall  assault  Fort  Sumter,  and  peril  the  lives  of  the  hand 
ful  of  brave  and  loyal  men  shut  up  within  its  walls,  and  thus 
plunge  our  common  country  into  the  horrors  of  civil  war,  then 
upon  them  and  those  they  represent  must  rest  the  responsibility. 

"  Yery  respectfully,  your  obedient  servant, 

"J.  HOLT, 

"  Secretary  of  War. 

"Hon.  I.  W.  HATNB,  Attorney-General  of  the  State  of  South  Carolina. 

"  P.  S. — The  President  has  not,  as  you  have  been  informed, 
received  a  copy  of  the  letter  to  yourself  from  the  Senators,  com 
municating  that  of  Mr.  Holt  of  the  22d  January." 

This  letter  of  Mr.  Holt,  though  firm  and  decided  in  charac 
ter,  is  courteous  and  respectful,  both  in  tone  and  in  terms.  It 


ON  THE  EVE  OF  THE  REBELLION.  205 

reviews  the  subject  in  an  able  and  comprehensive  manner,  ex 
plaining  and  justifying  the  conduct  of  the  President.  Unlike 
the  letters  to  which  it  is  a  response,  it  contains  no  menace.  In 
conclusion  it  does  no  more  than  fix  the  responsibility  of  com 
mencing  a  civil  war  on  the  authorities  of  South  Carolina,  should 
they  assault  Fort  Sumter  and  imperil  the  lives  of  the  brave  and 
loyal  men  shut  up  within  its  walls.  It  does  not  contain  a  word 
or  an  expression  calculated  to  afford  just  cause  of  offence  ;  yet 
its  statements  and  its  arguments  must  have  cut  Colonel  Hayne 
to  the  quick.  To  reply  to  them  successfully  was  impossible. 
He,  therefore,  had  no  resort  but  to  get  angry.  Following  in  the 
footsteps  of  his  predecessors,  on  the  8th  February  he  addressed  an 
insulting  answer  not  to  Secretary  Holt,  as  usage  and  common 
civility  required,  but  directly  to  the  President.  He  then  sud 
denly  left  Washington,  leaving  his  missile  behind  him  to  be  de 
livered  after  his  departure.  From  his  conduct  he  evidently  an 
ticipated  its  fate.  His  letter  was  returned  to  him  on  the  same 
day,  directed  to  Charleston,  with  the  following  indorsement : 
"  The  character  of  this  letter  is  such  that  it  cannot  be  received. 
Col.  Hayne  having  left  the  city  before  it  was  sent  to  the  Presi 
dent,  it  is  returned  to  him  by  the  first  mail."  What  has  be 
come  of  it  we  do  not  know.  ~No  copy  was  retained,  nor  have 
we  ever  heard  of  it  since. 

What  effect  this  letter  of  Mr.  Holt  may  have  produced  upon 
the  truculent  Governor  of  South  Carolina  we  shall  not  attempt 
to  decide.  Certain  it  is,  from  whatever  cause,  no  attack  was 
made  upon  Fort  Sumter  until  six  weeks  after  the  close  of  Mr. 
Buchanan's  administration.  The  fort  remained  unmolested  un 
til  South  Carolina  had  been  for  some  time  a  member  of  the  Con 
federate  States.  It  was  reserved  for  Mr.  Jefferson  Davis,  their 
President,  to  issue  the  order  for  its  bombardment,  and  thus 
formally  to  commence  the  civil  war.  This  he  did  with  a  full 
consciousness  that  such  would  be  the  fatal  effect ;  because  in  the 
letter  from  him  and  other  Southern  Senators  to  Col.  Hayne, 
of  the  15th  January,  both  he  and  they  had  warned  Governor 
Pickens  that  an  attack  upon  the  fort  would  be  "  the  instituting 
hostilities  between  her  [South  Carolina]  and  the  United  States." 

Thus  ended  the  second  mission  from  South  Carolina  to  the 


206 

President,  and  thus  was  he  relieved  from  the  truce  concluded  by 
Major  Anderson.  But  in  the  mean  time,  before  the  termination 
of  this  truce,  the  action  of  the  General  Assembly  of  Virginia, 
instituting  the  Peace  Convention,  had  interposed  an  insur 
mountable  obstacle  to  the  reinforcement  of  Fort  Sumter,  un 
less  attacked  or  in  immediate  danger  of  attack,  without  entirely 
defeating  this  beneficent  measure.  Among  their  other  proceed 
ings  they  had  passed  a  resolution  "that  ex-President  John 
Tyler  is  hereby  appointed  by  the  concurrent  vote  of  each  branch 
of  the  General  Assembly,  a  commissioner  to  the  President  of  the 
United  States ;  and  Judge  John  Robertson  is  hereby  appointed 
by#  like  vote,  a  commissioner  to  the  State  of  South  Carolina 
and  the  other  States  that  have  seceded  or  shall  secede,  with  in 
structions  respectfully  to  request  the  President  of  the  United 
States  and  the  authorities  of  such  States  to  agree  to  abstain, 
pending  the  proceedings  contemplated  by  the  action  of  the  Gen 
eral  Assembly,  from  any  and  all  acts  calculated  to  produce  a 
collision  of  arms  between  the  States  and  the  Government  of  the 
United  States." 

Mr.  Tyler  arrived  in  "Washington  on  the  23d  January,  a 
fortnight  before  the  departure  of  Col.  Hayne,  bearing  with  him 
a  copy  of  the  Yirginia  resolutions.  These  he  presented  to  the 
President  on  the  following  day,  assuring  him  that  whilst  the 
people  of  Virginia  were  almost  universally  inclined  to  peace  and 
reconstruction,  yet  any  efforts  on  her  part  to  reconstruct  or 
preserve  the  Union  "  depended  for  their  success  on  her  being 
permitted  to  conduct  them  undisturbed  by  outside  collision." 

This  resolution,  it  will  be  observed,  requested  the  President, 
and  not  Congress,  to  enter  into  the  proposed  agreement.  Mr. 
Tyler,  therefore,  urged  the  President  to  become  a  party  to  it. 
This  he  refused,  stating,  according  to  Mr.  Tyler's  report  to  the 
Governor  of  Virginia,  "  that  he  had  in  no  manner  changed  his 
views  as  presented  in  his  annual  message ;  that  he  could  give  no 
pledges  ;  that  it  was  his  duty  to  enforce  the  laws,  and  the  whole 
power  rested  with  Congress."  He  promised,  notwithstanding, 
that  he  would  present  the  subject  to  that  body.  This  was  due 
both  to  its  intrinsic  importance  and  to  the  State  of  Virginia, 
which  had  manifested  so  strong  a  desire  to  restore  and  preserve 
the  Union. 


ON  THE  EVE  OF  THE  REBELLION.  207 

The  President,  accordingly,  in  his  message  of  the  28th  Jan 
uary,  submitting  the  Virginia  resolutions  to  Congress,  observed 
in  regard  to  this  one,  that  "  however  strong  may  be  my  desire 
to  enter  into  such  an  agreement,  I  am  convinced  that  I  do  not 
possess  the  power.  Congress,  and  Congress  alone,  under  the 
war-making  power,  can  exercise  the  discretion  of  agreeing  to 
abstain  '  from  any  and  all  acts  calculated  to  produce  a  collision 
of  arms  '  between  this  and  any  other  Government.  It  would, 
therefore,  be  a  usurpation  for  the  Executive  to  attempt  to  re 
strain  their  hands  by  an  agreement  in .  regard  to  matters  over 
which  he  has  no  constitutional  control.  If  he  were  thus  to  act, 
they  might  pass  laws  which  he  should  be  bound  to  obey,  though 
in  conflict  with  his  agreement.  Under  existing  circumstances, 
my  present  actual  power  is  confined  within  narrow  limits.  It 
is  my  duty  at  all  times  to  defend  and  protect  the  public  prop 
erty  within  the  seceding  States,  so  far  as  this  may  be  practica 
ble,  and  especially  to  employ  all  constitutional  means  to  protect 
the  property  of  the  United  States,  and  to  preserve  the  public 
peace  at  this  the  seat  of  the  Federal  Government.  If  the  se 
ceding  States  abstain  '  from  any  and  all  acts  calculated  to  pro 
duce  a  collision  of  arms,'  then  the  danger  so  much  to  be  depre 
cated  will  no  longer  exist.  Defence,  and  not  aggression,  has 
been  the  policy  of  the  administration  from  the  beginning.  But 
whilst  I  can  enter  into  no  engagement  such  as  that  proposed,  I 
cordially  commend  to  Congress,  with  much  confidence  that  it 
will  meet  their  approbation,  to  abstain  from  passing  any  law 
calculated  to  produce  a  collision  of  arms  pending  the  proceed 
ings  contemplated  by  the  action  of  the  General  Assembly  of 
Virginia.  I  am  one  of  those  who  will  never  despair  of  the  Re 
public.  I  yet  cherish  the  belief  that  the  American  people  will 
perpetuate  the  union  of  the  States  on  some  terms  just  and  hon 
orable  for  all  sections  of  the  country.  I  trust  that  the  media 
tion  of  Virginia  may  be  the  destined  means,  under  Providence, 
of  accomplishing  this  inestimable  benefit.  Glorious  as  are  the 
memories  of  her  past  history,  such  an  achievement,  both  in  re 
lation  to  her  own  fame  and  the  welfare  of  the  whole  country, 
would  surpass  them  all." 

This  noble  and  patriotic  effort  of  Virginia  met  no  favor  from 
14 


208  ME.  BUCHANAN'S  ADMINISTRATION 

Congress.  Neither  House  referred  these  resolutions  of  her  Gen 
eral  Assembly  to  a  committee,  or  even  treated  them  with  the 
common  courtesy  of  ordering  them  to  be  printed.  In  the  Sen 
ate  no  motion  was  made  to  refer  them,  and  the  question  to  print 
them  with  the  accompanying  message  was  debated  from  time 
to  time  until  the  21st  February,*  when  the  Peace  Convention 
had  nearly  completed  its  labors,  and  after  this  no  further  notice 
seems  to  have  been  taken  of  the  subject.  In  the  House  the 
motion  to  refer  and  print  the  Virginia  resolutions,  made  by  Mr. 
Stanton,  of  Ohio,  on  the  day  they  were  received ,  was  never 
afterwards  noticed,  f  This  mortifying  neglect  on  the  part  of  the 
Representatives  of  the  States  and  of  the  people,  made  a  deep 
and  unfortunate  impression  on  the  citizens  of  Virginia. 

*  Con.  Globe,  pp.  590,  636.  t  H.  J.,  p.  236.    Con.  Globe,  p.  601. 


ON  THE  EVE  OF  THE  REBELLION.  209 


CHAPTEE    XI. 

Fort  Sumter  again — An  expedition  prepared  to  relieve  it — The  expedition  abandoned 
on  account  of  a  despatch  from  Major  Anderson — Mr.  Holt's  letter  to  President 
Lincoln — Fort  Pickens  in  Florida — Its  danger  from  the  rebels — The  Brooklyn 
ordered  to  its  relief— The  means  by  which  it  was  saved  from  capture  approved  by 
General  Scott  and  Messrs.  Holt  and  Toucey,  with  the  rest  of  the  Cabinet — Refu 
tation  of  the  charge  that  arms  had  been  stole^n — Report  of  the  Committee  on  Mil 
itary  Affairs  and  other  documentary  evidence — The  Southern  and  Southwestern 
States  received  less  than  their  quota  of  arms — The  Pittsburg  cannon — General 
Scott's  unfounded  claim  to  the  credit  of  preventing  their  shipment  to  the  South- 
Removal  of  old  muskets — Their  value — Opinion  of  Mr.  Holt  in  regard  to  the  man 
ner  in  which  President  Buchanan  conducted  the  administration. 

IT  is  now  necessary  to  return  to  Fort  Sumter.  This  was  the 
point  on  which  the  anxious  attention  of  the  American  people 
was  then  fixed.  It  was  not  known  until  some  days  after  the 
termination  of  the  truce,  on  the  6th  February,  that  Governor 
Pickens  had  determined  to  respect  the  appeal  from  the  G-eneral 
Assembly  of  Virginia,  and  refrain  from  attacking  the  fort  dur 
ing  the  session  of  the  Peace  Convention.  It,  therefore,  became 
the  duty  of  the  administration  in  the  mean  time  to  be  prepared, 
to  the  extent  of  the  means  at  command,  promptly  to  send  suc 
cor  to  Major  Anderson  should  he  so  request,  or  in  the  absence 
of  such  request,  should  they  ascertain  from  any  other  quarter 
that  the  fort  was  in  danger.  From  the  tenor  of  the  Major's 
despatches  to  the  War  Department,  no  doubt  was  entertained 
that  he  could  hold  out,  in  case  of  need,  until  the  arrival  of  re- 
enforcements.  In  this  state  of  affairs,  on  the  very  day  (30th 
January)  on  which  the  President  received  the  demand  for  the 
surrender  of  the  fort,  he  requested  the  Secretaries  of  War  and  the 
Navy,  accompanied  by  General  Scott,  to  meet  him  for  the  pur 
pose  of  devising  the  best  practicable  means  of  instantly  ree'n- 


210  ME.  BUCHANAN'S  ADMTNISTEATION 

forcing  Major  Anderson,  should  this  be  required.  After  several 
consultations  an  expedition  for.  this  purpose  was  quietly  prepared 
at  New  York,  under  the  direction  of  Secretary  Toucey,  for  the 
relief  of  Fort  Sumter,  the  command  of  which  was  intrusted  to 
his  intimate  friend,  the  late  lamented  Commander  Ward  of  the 
navy.  This  gallant  officer  had  been  authorized  to  select  his 
own  officers  and  men,  who  were  to  rendezvous  on  board  of  the 
receiving-ship,  of  which  he  was  then  in  command.  The  expedi 
tion  consisted  of  a  few  small  steamers,  and  it  was  arranged  that 
on  receiving  a  telegraphic  despatch  from  the  Secretary,  when 
ever  the  emergency  might  require,  he  should  in  the  course  of  the 
following  night  set  sail  for  Charleston,  entering  the  harbor  in 
the  night,  and  anchoring  if  possible  under  the  guns  of  Fort 
Sumter. 

It  is  due  to  the  memory*  of  this  brave  officer  to  state  that  he 
had  sought  the  enterprise  with  the  greatest  enthusiasm,  and  was 
willing  to  sacrifice  his  life  in  the  accomplishment  of  the  object, 
should  such  be  his  fate,  saying  to  Secretary  Toucey  this  would 
be  the  best  inheritance  he  could  leave  to  his  wife  and  children. 

According  to  General  Scott's  version  of  this  affair  in  his 
report  to  President  Lincoln :  "  At  this  time,  when  this  [the  truce 
on  the  6th  February]  had  passed  away,  Secretaries  Holt  and 
Toucey,  Captain  Ward  of  the  navy,  and  myself,  with  the  knowl 
edge  of  the  President  [Buchanan],  settled  upon  the  employment 
under  the  captain  (who  was  eager  for  the  expedition)  of  three 
or  four  small  steamers  belonging  to  the  coast  survey."  But  this 
expedition  was  kept  back,  according  to  the  General ;  and  for 
what  reason?  Not  because  the  Peace  Convention  remained 
still  in  session,  and  the  President  would  not  break  it  up  by 
sending  reinforcements  to  Fort  Sumter  whilst  the  authorities 
of  South  Carolina  continued  to  respect  the  appeal  of  the  Gen 
eral  Assembly  of  Virginia  to  avoid  collision,  and  whilst  Major 
Anderson  at  the  point  of  danger  had  asked  no  reinforcements. 
The  General,  passing  over  these  the  true  causes  for  the  delay 
in  issuing  the  order  to  Commander  Ward  to  set  sail,  declares  this 
was  kept  back  "  by  something  like  a  truce  or  armistice  made  here 
[in  Washington]  between  President  Buchanan  and  the  principal 
seceders  of  South  Carolina,"  etc.,  etc.,  the  existence  of  which  has 


ON  THE  EVE  OF  THE  REBELLION.  211 

never  been  pretended  by  any  person  except  himself.  It  soon 
appeared  that  General  Scott,  as  well  as  the  President  and  Secre 
taries  of  "War  and  the  Navy,  had  been  laboring  under  a  great 
misapprehension  in  supposing,  from  the  information  received 
from  Major  Anderson,  that  this  small  expedition,  under  Com 
mander  Ward,  might  be  able  to  relieve  Fort  Sumter.  How  in 
adequate  this  would  have  proved  to  accomplish  the  object,  was 
soon  afterwards  demonstrated  by  a  letter,  with  enclosures,  from 
Major  Anderson  to  the  Secretary  of  "War.  This  was  read  by 
Mr.  Holt,  greatly  to  his  own  surprise  and  that  of  every  other 
member  of  the  Cabinet,  on  the  morning  of  the  4th  March,  at 
the  moment  when  the  Thirty-sixth  Congress  and  Mr.  Buchanan's 
administration  were  about  to  expire.  In  this  the  Major  declares 
that  he  would  not  be  willing  to  risk  his  reputation  on  an  attempt 
to  throw  reinforcements  into  Charleston  harbor  with  a  force 
of  less  than  twenty  thousand  good  and  well- disciplined  men. 
Commander  "Ward's  expedition,  consisting  of  only  a  few  small 
vessels,  borrowed  from  the  Treasury  Department  and  the  Coast 
Survey,  with  but  two  or  three  hundred  men  on  board,  was  ne 
cessarily  abandoned.  On  the  next  day  (5th  March)  the  Secre 
tary  of  War  transmitted  Major  Anderson's  letter,  with  its  enclos 
ures,  to  President  Lincoln.  This  he  accompanied  by  a  letter 
from  himself  reviewing  the  correspondence  between  the  War 
Department  and  Major  Anderson  from  the  date  of  his  removal 
to  Fort  Sumter.  The  following  is  a  copy,  which  we  submit 

without  comment : 

« 

.       "  WAR  DEPARTMENT,  March  UTi,  1861. 

"  Sm :  I  have  the  honor  to  submit  for  your  consideration 
several  letters  with  enclosures  received  on  yesterday  from  Major 
Anderson  and  Captain  Foster,  of  the  Corps  of  Engineers,  which 
are  of  a  most  important  and  unexpected  character.  Why  they 
were  unexpected  will  appear  from  the  following  brief  statement : 

"  After  transferring  his  forces  to  Fort  Sumter,  he  (Major 
Anderson)  addressed  a  letter  to  this  Department,  under  date  of 
the  31st  December,  1860,  in  which  he  says :  '  Thank  God,  we 
are  now  where  the, Government  may  send  us  additional  troops 
at  its  leisure.  To  be  sure  the  uncivil  and  uncourteous  action  of 


212  ME.  BUCHANAN'S  ADMINISTRATION 

the  Governor  [of  South  Carolina],  in  preventing  us  from  pur 
chasing  any  thing  in  the  city,  will  annoy  and  inconvenience  us 
somewhat ;  still  we  are  safe.''  And  after  referring  to  some  defi 
ciency  in  his  stores,  in  the  articles  of  soap  and  candles,  he  adds : 
*  Still  we  can  cheerfully  put  up  with  the  inconvenience  of  doing 
without  them  for  the  satisfaction  we  feel  in  the  knowledge  that 
we  can  command  this  harbor  as  long  as  our  Government  wishes 
to  Tteep  it.'  And  again,  on  the  6th  January,  he  wrote :  c  My 
position  will,  should  there  be  no  treachery  among  the  workmen 
whom  we  are  compelled  to  retain  for  the  present,  enable  me  to 
hold  this  fort  against  any  force  which  can  fie  brought  against 
me ;  and  it  would  enable  me,  in  the  event  of  war,  to  annoy  the 
South  Carolinians  by  preventing  them  from  throwing  in  supplies 
into  their  new  posts,  except  by  the  aid  of  the  Wash  Channel 
through  Stone  Eiver.' 

"  Before  the  receipt  of  this  communication,  the  Government, 
being  without  information  as  to  his  condition,  had  despatched 
the  Star  of  the  West  with  troops  and  supplies  for  Fort  Sumter ; 
but  the  vessel  having  been  fired  on  from  a  battery  at  the  en 
trance  to  the  harbor,  returned  without  having  reached  her  des 
tination. 

"  On  the  16th  January,  1861,  in  replying  to  Major  Anderson's 
letters  of  the  31st  December  and  of  6th  January,  I  said :  '  Your 
late  despatches,  as  well  as  the  very  intelligent  statements  of 
Lieutenant  Talbot,  have  relieved  the  Government  of  the  appre 
hensions  previously  entertained  for  your  safety.  In  consequence 
it  is  not  its  purpose  at  present  to  reenforce  you.  The  attempt 
to  do  so  would  no  doubt  be  attended  by  a  collision  of  arms  and 
the  effusion  of  blood — a  national  calamity,  which  the  President 
is  most  anxious  to  avoid.  You  will,  therefore,  report  frequently 
your  condition,  and  the  character  and  activity  of  the  preparations, 
if  any,  which  may  be  being  made  for  an  attack  upon  the  fort,  or 
for  obstructing  the  Government  in  any  endeavors  it  may  make 
to  strengthen  your  command.  Should  your  despatches  be  of  a 
nature  too  important  to  be  intrusted  to  the  mails,  you  will  con 
vey  them  by  special  messenger.  Whenever,  in  your  judgment, 
additional  supplies  or  reinforcements  are  necessary  for  your 
safety  or  for  a  successful  defence  of  the  fort,  you  will  at  once 


ON  THE  EVE  OF  THE  REBELLION.  213 

communicate  the  fact  to  this  Department,  and  a  prompt  and 
vigorous  effort  will  be  made  to  forward  them.' 

"  Since  the  date  of  this  letter  Major  Anderson  has  regularly 
and  frequently  reported  the  progiess  of  the  batteries  being  con 
structed  around  him,  and  which  looked  either  to  the  defence  of  the 
harbor,  or  to  an  attack  on  his  own  position ;  but  he  has  not  sug 
gested  that  these  works  compromised  his  safety,  nor  has  he  made 
any  request  that  additional  supplies  or  reinforcements  should  be 
sent  to  him.  On  the  contrary,  on  the  30th  January,  1861,  in  a 
letter  to  this  Department,  be  uses  this  emphatic  language :  '  I  do 
hope  that  no  attempt  will  be  made  by  our  friends  to  throw  sup 
plies  in  ;  their  doing  so  would  do  more  harm  than  good.' 

"  On  the  5th  February,  when  referring  to  the  batteries,  etc., 
constructed  in  his  vicinity,  he  said :  c  Even  in  their  present  con 
dition,  they  will  make  it  impossible  for  any  hostile  force,  other 
than  a  large  and  well-appointed  one,  to  enter  this  harbor,  and 
the  chances  are  that  it  will  then  be  at  a  great  sacrifice  of  life ; ' 
and  in  a  postscript  he  adds  :  c  Of  course  in  speaking  of  forcing  an 
entrance,  I  do  not  refer  to  the  little  stratagem  of  a  small  party 
slipping  in.'  This  suggestion  of  a  stratagem  was  well  considered 
in  connection  with  all  the  information  that  could  be  obtained 
bearing  upon  it ;  and  in  consequence  of -the  vigilance  and  num 
ber  of  the  guard-boats  in  and  outside  of  the  harbor,  it  was  re 
jected  as  impracticable. 

"  In  view  of  these  very  distinct  declarations,  and  of  the  earnest 
desire  to  avoid  a  collision  as  long  as  possible,  it  was  deemed  en 
tirely  safe  to  adhere  to  the  line  of  policy  indicated  in  my  letter 
of  the  16th  January,  which  has  been  already  quoted.  In  that 
Major  Anderson  had  been  requested  to  report  '  at  once,'  c  when 
ever,  in  his  judgment,  additional  supplies  or  reinforcements 
were  necessary  for  his  safety  or  for  a  successful  defence  of  the  • 
fort.'  So  long,  therefore,  as  he  remained  silent  upon  this  point, 
the  Government  felt  that  there  was  no  ground  for  apprehension. 
Still,  as  the  necessity  for  action  might  arise  at  any  moment,  an 
expedition  has  been  quietly  prepared  and  is  ready  to  sail  from 
New  York  on  a  few  hours'  notice  for  transporting  troops  and 
supplies  to  Fort  Sumter.  This  step  was  taken  under  the  super 
vision  of  General  Scott,  who  arranged  its  details,  and  who  re- 


214  MR.  BUCHANAN'S  ADMINISTRATION 

garded  the  reinforcements  thus  provided  for  as  sufficient  for.  the 
occasion.  The  expedition,  however,  is  not  upon  a  scale  ap 
proaching  the  seemingly  extravagant  estimates  of  Major  Ander- 
Bon  and  Captain  Foster,  now  offered  for  the  first  time,  and  for 
the  disclosures  of  which  the  Government  was  wholly  unprepared. 
"  The  declaration  now  made  by  the  Major  that  he  would  not 
be  willing  to  risk  his  reputation  on  an  attempt  to  throw  ree'n- 
forcements  into  Charleston  harbor,  and  with  a  view  of  holding 
possession  of  the  same,  with  a  force  of  less  than  twenty  thousand 
good  and  well-disciplined  men,  takes  the  Department  by  surprise, 
as  his  previous  correspondence  contained  no  such  intimation. 
"  I  have  the  honor  to  be, 

"  Very  respectfully, 

"  Your  obedient  servant, 

"J.  HOLT. 
"To  THE  PRESIDENT." 

Having  pointed  out  the  course  pursued  by  President  Bu 
chanan  in  regard  to  Fort  Sumter,  we  must  now  return  to  Fort 
Pickens,  in  Florida.  This  feeble  State  was  the  last  from  which 
a  revolutionary  outbreak  could  have  reasonably  been  expected. 
Its  numbers  had  not  entitled  it  to  admission  into  the  Union,  and 
a  large  amount  of  blood  and  treasure  had  been  expended  by  the 
Government  of  the  United  States  for  the  protection  and  defence 
of  its  inhabitants  against  the  Seminole  Indians.  Nevertheless, 
weak  as  the  State  was,  its  troops,  under  the  command  of  Colo 
nel  William  H.  Chase,  formerly  of  the  corps  of  engineers  of  the 
United  States  army,  suddenly  rose  in  rebellion,  attacked  the 
troops  of  the  United  States,  and  expelled  them  from  Pensacola 
and  the  adjacent  navy  yard.  Lieutenant  Slemmer,  of  the  artil 
lery,  and  his  brave  little  command,  consisting  of  between  sev 
enty  and  eighty  men,  were  thus  forced  to  take  refuge  in  Fort 
Pickens,  where  they  were  in  imminent  danger  of  being  cap 
tured  every  moment  by  a  greatly  superior  force. 

From  the  interruption  of  regular  communications  with 
"Washington,  Secretary  Holt  did  not  receive  information  of  these 
events  until  some  days  after  their  occurrence,  and  then  only 
through  a  private  channel.  Eeenforcements  were  despatched 


ON  THE  EVE  OF  THE  REBELLION.  215 

to  Fort  Pickens  without  a  moment's  unnecessary  delay.  The 
Brooklyn,  after  being  superseded  by  the  Star  of'  the  West,  had 
fortunately  remained  at  her  old  station,  ready  for  any  exigency. 
She  immediately  took  on  board  a  company  of  United  States 
troops  from  Fortress  Monroe,  under  the  command  of  Captain 
Yogdes,  of  the  artillery,  and  with  provisions  and  military  stores 
left  Hampton  Koads  on  the  24th  January  for  Fort  Pickens. 
The  Secretary  of  the  Navy  had,  with  prudent  precaution,  with 
drawn  from  foreign  stations  all  the  vessels  of  war  which  could 
possibly  be  spared  with  any  regard  to  the  protection  of  our  for 
eign  commerce,  and  had  thus  rendered  the  home  squadron  unu 
sually  large.  Several  of  the  vessels  of  which  it  was  composed 
were  at  the  time  in  the  vicinity  of  Fort  Pickens.  These,  united 
with  the  Brooklyn,  were  deemed  sufficient  for  its  defence.  "The 
fleet,"  says  the  Secretary,  "  could  have  thrown  six  hundred  men 
into  the  fort  (seamen  and  marines),  without  including  the  com 
pany  from  Fortress  Monroe."  * 

Four  days  after  the  Brooklyn  had  left  Fortress  Monroe,  Sen 
ators  Slidell,  Hunter,  and  Bigler  received  a  telegraphic  despatch 
from  Senator  Mallory,  of  Florida,  dated  at  Pensacola  on  the 
28th  January,  with  an  urgent  request  that  they  would  lay  it 
before  the  President.  This  despatch  expressed  an  ardent  desire 
to  preserve  the  peace,  as  well  as  the  most  positive  assurance 
from  himself  and  Colonel  Chase,  that  no  attack  would  be 
made  on  the  fort  if  its  present  status  should  be  suffered  to  re 
main.  The  President  carefully  considered  this  proposal.  The 
Brooklyn  might  not  arrive  in  time  for  the  preservation  of  this 
important  fort,  and  for  the  relief  of  Lieutenant  Slemmer.  Be 
sides,  a  collision  at  that  point  between  the  opposing  forces  would 
prove  fatal  to  the  Peace  Convention  so  earnestly  urged  by  Yir- 
ginia,  and  then  about  to  assemble.  But,  on  the  other  hand,  the 
fort  was  greatly  in  need  of  provisions,  and  these  must  at  every 
hazard  be  supplied.  Mr.  Mallory  and  Colonel  Chase  must  be 
distinctly  informed  that  our  fleet  in  the  vicinity  would  be  al 
ways  on  the  alert  and  ready  to  act  at  a  moment's  warning,  not 
only  in  case  the  fort  should  be  attacked,  but  whenever  the  offi- 

*  His  testimony  before  the  Hale  Committee  and  the  Court-Martial  on  Captain 
Armstrong.    Report  No.  37,  pp.  58,  234. 


216  ME.  BUCHANAN'S  ADMINISTRATION 

cers  in  command  should  observe  preparations  for  such  an  attack. 
No  precaution  must  be  omitted  on  their  part  necessary  to  hold 
the  fort. 

The  conclusion  at  which  the  President  arrived,  with  the 
approbation  of  every  member  of  his  Cabinet,  will  be  seen  in  the 
joint  order  dated  on  the  29th  January,  immediately  transmitted 
by  telegraph  from  Secretaries  Toucey  and  Holt  to  the  com 
manders  of  the  Macedonian  and  Brooklyn,  and  "  other  naval 
officers  in  command,"  and  "  to  Lieutenant  A.  J.  Slemmer,  1st 
artillery,  commanding  Fort  Pickens,  Pensacola,  Florida."  The 
following  is  a  copy :  "In  consequence  of  the  assurances  received 
from  Mr.  Mallory  in  a  telegram  of  yesterday  to  Messrs.  Slidell, 
Hunter,  and  Bigler,  with  a  request  it  should  be  laid  before  the 
President,  that  Fort  Pickens  would  not  be  assaulted,  and  an 
offer  of  such  assurance  to  the  same  effect  from  Colonel  Chase, 
for  the  purpose  of  avoiding  a  hostile  collision,  upon  receiving 
satisfactory  assurances  from  Mr.  Mallory  and  Colonel  Chase  that 
Fort  Pickens  will  not  be  attacked,  you  are  instructed  not  to 
land  the  company  on  board  the  Brooklyn  unless  said  fort  shall 
be  attacked,  or  preparations  shall  be  made  for  its  attack.  The 
provisions  necessary  for  the  supply  of  the  fort  you  will  land. 
The  Brooklyn  and  the  other  vessels  of  war  on  the  station  will 
remain,  and  you  will  exercise  the  utmost  vigilance  and  be  pre 
pared  at  a  moment's  warning  to  land  the  company  at  Fort  Pick- 
ens,  and  you  and  they  will  instantly  repel  any  attack  on  the 
fort.  The  President  yesterday  sent  a  special  message  to  Con 
gress  communicating  the  Virginia  resolutions  of  compromise. 
The  commissioners  of  different  States  are  to  meet  here  on  Mon 
day,  the  4th  February,  and  it  is  important  that  during  their 
session  a  collision  of  arms  should  be  avoided,  unless  an  attack 
should  be  made,  or  there  should  be  preparations  for  such  an  at 
tack.  In  either  event  the  Brooklyn  and  the  other  vessels  will 
act  promptly.  Your  right,  and  that  of  the  other  officers  in  com 
mand  at  Pensacola,  freely  to  communicate  by  special  messenger 
[with  the  Government],  and  its  right  in  the  same  manner  to 
communicate  with  yourself  and  them,  will  remain  intact,  as  the 
basis  on  which  the  present  instruction  is  given." 

On  the  arrival  of  this  order  at  Pensacola  the  satisfactory 


ON  THE  EVE  OF  THE  REBELLION.  21? 

assurances  which  it  required  were  given  by  Mr.  Mallory  and 
Colonel  Chase  to  our  naval  and  military  commanders,  and  the 
result  proved  most  fortunate.  The  Brooklyn  had  a  long  pas 
sage.  Although  she  left  Fortress  Monroe  on  the  24th  January, 
she  did  not  arrive  at  Pensacola  until  the  6th  February.  In  the 
mean  time  Fort  Pickens,  with  Lieutenant  Slemmer  (whose  con 
duct  deserves  high  commendation)  and  his  command,  were,  by 
virtue  of  this  order,  supplied  with  provisions  and  placed  in  per 
fect  security,  until  an  adequate  force  had  arrived  to  defend  it 
against  any  attack.  The  Tort  has  ever  since  been  in  our  pos 
session. 

General  Scott,  in  his  report  to  President  Lincoln,  speaks  of 
this  arrangement  in  the  hostile  spirit  toward  President  Buchanan 
which  pervades  the  whole  document.  He  condemns  it  without 
qualification.  He  alleges  "  that  the  Brooklyn,  with  Captain 
Yogdes'  company  alone,  left  the  Chesapeake  for  Fort  Pickens 
about  January  the  22d,  and  on  the  29th  President  Buchanan, 
having  entered  into  a  quasi  armistice  with  certain  leading  se- 
ceders  at  Pensacola  and  elsewhere,  caused  Secretaries  Holt  and 
Toucey  to  instruct,  in  a  joint  note,  the  commanders  of  the  war  ves 
sels  off  Pensacola,  and  Lieutenant  Slemmer,  commanding  Fort 
Pickens,  to  commit  no  act  of  hostility,  and  not  to  land  Captain 
Yogdes'  company  unless  the  fort  should  be  attacked."  He  washes 
liis  hands  of  all  knowledge  of  the  transaction  by  declaring,  "  That 
joint  note  I  never  saw,  but  suppose  the  armistice  was  consequent 
upon  the  meeting  of  the  Peace  Convention  at  Washington,  and 
was  understood  to  terminate  with  it." 

Will  it  be  believed  that  General  Scott  himself  had  expressly 
approved  this  joint  order  before  it  was  issued,  which  he  presents 
to  President  Lincoln  in  such  odious  colors  ?  President  Buchanan 
had  a  distinct  recollection  that  either  the  Secretary  of  War  or 
of  the  Navy,  or  both,  had  at  the  time  informed  him  of  this  fact. 
Still  he  would  have  hesitated  to  place  himself  before  the  public 
on  an  important  question  of  veracity  in  direct  opposition  to  a 
report  to  his  successor  by  the  Commanding  General  of  the  army. 
He  was  relieved  from  this  embarrassment  by  finding  among  his 
papers  a  note  from  Secretary  Holt  to  himself,  dated  on  the  29th 
January,  the  day  on  which  the  joint  order  was  issued.  From 


218  ME.  BUCHANAN'S  ADMINISTEATION 

this  the  following  is  an  extract :  "  I  have  the  satisfaction  of  say 
ing  that  on  submitting  the  paper  to  General  Scott  he  expressed 
himself  entirely  satisfied  with  it,  saying  that  there  could  be  no 
objection  to  the  arrangement  in  a  military  point  of  view  or 
otherwise."  How  does  General  Scott,  in  November,  1862,  at 
tempt  to  escape  from  this  dilemma?  Whilst  acknowledging 
that  few  persons  are  as  little  liable  as  Mr.  Holt  to  make  a  mis- 
statement,  either  by  accident  or  design,  he  yet  states  that  he  has 
not  the  slightest  recollection  of  any  interview  with  him  on  the 
subject.*  He  proceeds  to  say  that  he  does  indeed  remember 
that  Mr.  Holt,  about  this  time,  approached  his  bedside  when  he 
was  suffering  from  an  access  of  pain ;  leaving  it  to  be  inferred, 
though  he  does  not  directly  say  so,  that  this  might  account  for 
his  want  of  attention ;  and  then  he  slides  off,  as  is  his  wont,  to 
another  subject.  But  his  subterfuge  will  not  avail  him.  The 
testimony  of  Mr.  Holt  is  conclusive  that  he  not  only  expressed 
his  satisfaction  with  the  order,  but  expressly  declared  that 
there  could  be  no  objection  to  it  in  a  military  or  any  other  point 
of  view.  It  is  impossible  that  Mr.  Holt,  on  the  very  day  of  the 
interview,  and  without  any  conceivable  motive,  should  have 
made  a  false  report  to  the  President  of  what  had  just  occurred 
between  himself  and  the  General.  Strange  forgetfulness  ! 

General  Scott,  also,  in  his  report  to  President  Lincoln,  com 
ments  severely  on  the  delay  of  the  order  for  reinforcements  to 
Fort  Taylor,  Key  West,  and  Eort  Jefferson,  Tortugas  Island, 
notwithstanding  this  had  been  issued  so  early  as  the  4th  Jan 
uary,  and  though  these  reinforcements  had  arrived  in  sufficient 
time  to  render  both  forts  perfectly  secure.  This  the  General 
admits ;  and  there  the  matter  ought  to  have  ended.  But  not 
so.  It  was  necessary  to  elicit  from  this  simple  transaction 
reasons  for  magnifying  his  own  services  and  censuring  President 
Buchanan.  According  to  the  report,  he  had  experienced  great 
difficulty  in  obtaining  permission  from  the  President  to  send 
these  reinforcements ;  "  and  this,"  says  he,  "  was  only  effected 
by  the  aid  of  Secretary  Holt,  a  strong  and  loyal  man."  He 
then  launches  forth  into  the  fearful  consequences  which  might 

*  General  Scott's  rejoinder  to  ex-President  Buchanan,  "National  Intelligencer,' 
Nor.  12,  1862. 


ON  THE  EVE  OF  THE  REBELLION.  219 

have  followed  but  for  his  own  vigilance  and  foresight.  He  even 
goes  so  far  as  to  say  that*  with  the  possession  of  these  forts,  "  the 
rebels  might  have  purchased  an  early  recognition." 

In  opposition  to  these  fanciful  speculations,  what  is  the  sim 
ple  statement  of  the  fact  ?  The  administration  were  well  aware 
of  the  importance  of  these  forts  to  the  commerce  of  the  Gulf 
of  Mexico.  General  Scott  asked  the  attention  of  Secretary 
Floyd,  then  about  to  leave  office,  to  the  reinforcement  of  them 
by  a  note'of  the  28th  December.  Not  receiving  any  response, 
he  addressed  a  note  on  the  30th  to  the  President  on  the  same 
subject.  The  rupture  with  the  first  South  Carolina  commission 
ers  occurred  on  the  2d  January,  and  the  time  had  then  arrived 
when  the  President,  acting  on  his  established  policy,  deemed  it 
necessary  to  send  reinforcements  not  only  to  Fort  Sumter,  but 
also  to  Forts  Taylor  and  Jefferson,  and  these  were  accordingly 
despatched  to  the  two  latter  on  the  4th  January.  The  same 
course  precisely  would  have  been  pursued  had  General  Scott 
remained  at  his  headquarters  in  New  York. 

But  the  most  remarkable  instance  of  General  Scott's  want 
of  memory  remains  to  be  exposed.  This  is  not  contained  in 
his  report  to  President  Lincoln,  but  is  to  be  found  in  his  let 
ter  of  the  8th  November,  1862,  to  the  "National  Intelligen 
cer,"  in  reply  to  that  of  ex-President  Buchanan.  Unable  to 
controvert  any  of  the  material  facts  stated  in  this  letter,  the 
General  deemed  it  wise  to  escape  from  his  awkward  position 
by  repeating  and  indorsing  the  accusation  against  Secretary 
Floyd,  in  regard  to  what  has  been  called  "  the  stolen  arms," 
although  this  had  been  condemned  as  unfounded  more  than 
eighteen  months  before,  by  the  report  of  the  Committee  on 
Military  Affairs  of  the  House  of  Representatives.  This  was  that 
the  Secretary,  in  order  to  furnish  aid  to  the  approaching  re 
bellion,  had  fraudulently  sent  public  arms  to  the  South  for  the 
use  of  the  insurgents.  This  charge  chimed  in  admirably  with 
public  prejudice  at  the  moment.  Although  the  committee,  after 
full  investigation,  had  so  long  before  as  January,  1861,  proved 
it  to  be  unfounded,  yet  it  has  continued,  notwithstanding,  to  be 
repeated  and  extensively  credited  up  till  the  present  moment. 
Numerous  respectable  citizens  still  believe  that  the  Confederate 


220  ME.  BUCHANAN'S  ADMINISTRATION 

States  have  been  fighting  us  with  cannon,  rifles,  and  muskets 
thus  treacherously  placed  in  their  possession.  This  delusion 
presents  a  striking  illustration  of  the  extent  to  which  public 
prejudice  may  credit  a  falsehood  not  only  without  foundation, 
but  against  the  clearest  official  evidence.  Although  the  late 
President  has  not  been  implicated  as  an  accessory  to  the  alleged 
fraud,  yet  he  has  been  charged  with  a  want  of  vigilance  in  not 
detecting  and  defeating  it. 

The  pretext  on  which  General  Scott  seized  to  introduce  this 
new  subject  of  controversy  at  so  late  a  period,  is  far-fetched  and 
awkward.  Mr.  Buchanan,  whilst  repelling  the  charge  in  the 
General's  report  to  President  Lincoln,  that  he  had  acted  under 
the  influence  of  Secretary  Floyd  in  refusing  to  garrison  the 
Southern  fortifications,  declares  that  "all  my  Cabinet  must 
bear  me  witness  that  I  was  the  President  myself,  responsible  for 
all  the  acts  of  the  administration ;  and  certain  it  is  that  during 
the  last  six  months  previous  to  the  29th  December,  1860,  the 
day  on  which  he  resigned  his  office,  after  my  request,  he  exer 
cised  less  influence  in  the  administration  than  any  other  mem 
ber  of  the  Cabinet."  *  Whereupon  the  General,  in  order  to 
weaken  the  force  and  impair  the  credibility  of  this  declaration, 
makes  the  following  insidious  and  sarcastic  remarks:  "Now, 
notwithstanding  this  broad  assumption  of  responsibility,  I  should 
be  sorry  to  believe  that  Mr.  Buchanan  specially  consented  to 
the  removal,  by  Secretary  Floyd,  of  115,000  extra  muskets  and 
rifles,  with  all  their  implements  and  ammunition,  from  North 
ern  repositories  to  Southern  arsenals,  so  that  on  the  breaking 
out  of  the  maturing  rebellion,  they  might  be  found  without  cost, 
except  to  the  United  States,  in  the  most  convenient  positions 
for  distribution  among  the  insurgents.  So,  too,  of  the  one  hun 
dred  and  twenty  or  one  hundred  and  forty  pieces  of  heavy 
artillery,  which  the  same  Secretary  ordered  from  Pittsburg  to 
Ship  Island,  in  Lake  Borgne,  and  Galveston,  Texas,  for  forts 
not  yet  erected.  Accidentally  learning,  early  in  March,  that 
under  this  posthumous  order  the  shipment  of  these  guns  had 
commenced,  I  communicated  the  fact  to  Secretary  Holt  (acting 
for  Secretary  Cameron)  just  in  time  to  defeat  the  robbery." 

*  Letter  to  "National  Intelligencer,"  28th  Oct.,  1862. 


ON  THE  EVE  OF  THE  REBELLION.  221 

Whilst  writing  this  paragraph  it  would  seem  impossible  that 
the  General  had  ever  read  the  report  of  the  Committee  on 
Military  Affairs,  and  equally  impossible  that  he,  as  Command 
ing  General  of  the  army,  should  have  been  ignorant  of  this 
important  document,  so  essentially  connected  with  his  official 
duties. 

But  to  proceed  to  the  report  of  the  committee,  which  effect 
ually  disproves  the  General's  assertions.  At  the  commence 
ment  of  the  session  of  1860-'61,  public  rumor  gave  birth  to  this 
charge.  It  very  justly  and  properly  attracted  the  attention  of 
the  House  of  Representatives,  and  from  its  nature  demanded  a 
rigorous  investigation.  Accordingly,  on  the  motion  of  Mr. 
Stanton,  of  Ohio,  the  chairman  of  the  Committee  on  Military 
Affairs,  the  House  adopted  a  resolution  instructing  the  commit 
tee  "  to  inquire  and  report  to  the  House  to  whom  and  at  what 
price  the  public  arms,  distributed  since  the  1st  January,  I860, 
had  been  disposed  of,"  etc.,  etc.  The  investigation  was  deemed 
3f  such  paramount  importance  that  the  House  authorized  the 
committee  not  only  to  send  for  persons  and  papers,  but  also  to 
report  at  any  time  in  preference  to  all  other  business.  From 
the  nature  of  the  charge  it  could  not  be  difficult  for  the  commit 
tee  to  establish  either  its  truth  or  its  falsehood.  Arms  could 
not  be  removed  from  one  armory  or  arsenal  to  another  by  Sec 
retary  Floyd,  without  the  knowledge  and  active  participation 
of  the  officers  and  attaches  of  the  Ordnance  Bureau.  At  its 
head  was  Colonel  Craig,  an  officer  as  loyal  and  faithful  as  any 
who  belonged  to  the  army.  It  was  through  his  agency  alone 
that  the  arms  could  have  been  removed,  and  it  is  certain  that 
had  he  known  or  suspected  treachery  on  the  part  of  the  Secre 
tary,  he  would  instantly  have  communicated  this  to  the  Presi 
dent,  in  order  that  it  might  be  defeated. 

'The  committee  made  their  first  report  to  the  House  on  the 
9th  January,  1861.*  With  this  they  presented  two  tables  (Nos. 
2  and  3),  communicated  to  them  by  Mr.  Holt,  then  the  Secre 
tary  of  War,  from  the  Ordnance  Bureau,  exhibiting  "  the  num 
ber  and  description  of  arms  distributed  since  1st  January,  1860, 
to  the  States  and  Territories,  and  at  what  price."  Whoever 

*  "Congressional  Globe,"  p.  294.    House  Journal,  p.  156. 


222      .  ME.  BUCHANAN'S  ADMINISTRATION 

shall  examine  table  "No.  2  will  discover  that  the  Southern  and 
Southwestern  States  received  much  less  in  the  aggregate  instead 
of  more  than  the  quota  of  arms  to  which  they  were  justly  enti 
tled  under  the  law  for  arming  the  militia.  Indeed,  it  is  a  re 
markable  fact  that  neither  Arkansas,  Delaware,  Kentucky,  Loui 
siana,  North  Carolina,  nor  Texas  received  any  portion  of  these 
arms,  though  they  were  army  muskets  of  the  very  best  quality. 
This  arose  simply  from  their  own  neglect,  because  the  quota  to 
which  they  were  entitled  would  have  been  delivered  to  each  of 
them  on  a  simple  application  to  the  Ordnance  Bureau.  The 
whole  number  of  muskets  distributed  among  all  the  States,  North 
and  South,  was  just  8,423.  Of  these  the  Southern  and  South 
western  States  received  only  2,091,  or  less  than  one-fourth. 
Again,  the  whole  number  of  long  range  rifles  of  the  army  calibre 
distributed  among  all  the  States  in  the  year  1860,  was  1,728.  Of 
these,  six  of  the  Southern  and  Southwestern  States,  Kentucky, 
Louisiana,  Mississippi,  North  Carolina,  Tennessee,  and  Virginia 
received  in  the  aggregate  758,  and  the  remainder  of  these  States 
did  not  receive  any. 

Thus  it  appears  that  the  aggregate  of  rifles  and  muskets 
distributed  in  1860  was  10,151,  of  which  the  Southern  and 
Southwestern  States  received  2,849,  or  between  one-third  and 
one-fourth  of  the  whole  number.  Such  being  the  state  of  the 
facts,  well  might  Mr,  Stanton  have  observed  in  making  this 
report,  much  to  his  credit  for  candor  and  fairness,  that  "  there 
are  a  good  deal  of  rumors,  and  speculations,  and  misappre 
hension  as  to  the  true  state  of  facts  in  regard  to  this  mat 
ter."  *  The  report  of  the  committee  and  the  opinion  expressed 
by  its  chairman  before  the  House,  it  might  have  been  sup 
posed,  would  satisfy  General  Scott  that  none  of  these  muskets 
or  rifles  had  been  purloined  by  Secretary  Floyd.  But  not  so. 
The  ex-President  had  stated  in  his  letter  to  the  "  NationaMn- 
telligencer,"  of  November  7th,  1862,  that  "  the  Southern  States 
received  in  1860  less  instead  of  more  than  the  quota  of  arms  to 
which  they  were  entitled  by  law."  This  statement  was  founded 
on  the  report  of  the  committee,  which  had  now  been  brought 
fully  to  his  notice.  He,  notwithstanding,  still  persisted  in  his 

*  "  Congressional  Globe,"  1860-'61,  p.  294. 


ON  THE  EVE  OF  THE  EEBELLION.  223 

error,  and  in  his  letter  to  the  "  National  Intelligencer  "  of  the 
2d  December,  1862,  he  says :  "  This  is  most  strange  contrasted 
with  information  given  to  me  last  year,  and  a  telegram  just  re 
ceived  from  Washington  and  a  high  officer,  not  of  the  Ordnance 
Department,  in  these  words  and  figures :  '  Rhode  Island,  Dela 
ware,  and  Texas  had  not  drawn  at  the  end  of  eighteen  sixty 
(1860)  their  annual  quotas  of  arms  for  that  year,  and  Massachu 
setts,  Tennessee,  and  Kentucky  only  in  part.  Virginia,  South 
Carolina,  Georgia,  Florida,  Alabama,  Louisiana^  Mississippi,  and 
Kansas  were  by  the  order  of  the  Secretary  of  War  supplied 
with  their  quotas  for  eighteen  sixty-one  (1861)  in  advance,  and 
Pennsylvania  and  Maryland  in  part.' "  It  is  in  vain  that  the 
General  attempts  to  set  up  an  anonymous  telegram  against  the 
report  of  the  committee.  From  what  source  did  he  derive  the 
information  given  to  him  last  year  2  And  who  was  the  author 
of  the  telegram  2  He  *does  not  say  in  either  case.  Surely  be 
fore  he  gave  this  telegram  to  the  world,  under  the  sanction  of 
his  own  name,  he  ought  to  have  ascertained  from  the  Ordnance 
Bureau  whether  it  was  true  or  false.  This  he  might  easily  and 
speedily  have  done,  had  he  been  careful  to  present  an  authentic 
statement.  There  is  a  mysterious  vagueness  about  this  telegram, 
calculated  if  not  intended  to  deceive  the  casual  reader  into  the 
belief  that  a  great  number  of  these  arms  had  been  distributed 
among  the  enumerated  States,  embracing  their  quotas  not  only 
for  1860  but  for  1861.  From  it  no  person  could  imagine  that 
these  eight  States  in  the  aggregate  had  received  fewer  muskets 
and  rifles  than  would  be  required  to  arm  two  full  regiments. 

The  next v subject  investigated  by  the  committee  was,  had 
Secretary  Floyd  sent  any  cannon  to  the  Southern  States  ?  This 
was  a  most  important  inquiry.  Our  columbiads  and  32-pound- 
ers  were  at  the  time  considered  equal,  if  not  superior,  to  any 
cannon  in  the  world.  It  was  easy  to  ascertain  whether  he  had 
treacherously,  or  otherwise,  sent  any  of  these  formidable  weap-  \ 
ons  to  the  South.  Had  he  done  this,  it  would  have  been  impos 
sible  to  conceal  the  fact  and  escape  detection.  The  size  and 
ponderous  weight  of  these  cannon  rendered  it  impracticable  to 
remove  them  from  the  North  to  the  South  without  the  knowl 
edge  of  many  outside  persons,  in  addition  to  those  connected 
15 


224  ME.  BUCHANAN'S  ADMINISTRATION 

with  the  Ordnance  Bureau.  The  committee  reported  on  this 
subject  on  the  18th  February,  1861.  There  was  no  evidence 
before  them  that  any  of  these  cannon  had  actually  been  trans 
mitted  to  the  South.  Indeed,  this  was  not  even  pretended. 
From  their  report,  however,  it  does  appear  that  Secretary  Floyd 
had  attempted  to  do  this  on  one  occasion  a  very  short  time  be 
fore  he  left  the  department,  but  that  he  had  failed  in  this  at 
tempt  in  consequence  of  a  countermand  of  his  order  issued  by 
Mr.  Holt,  his  successor  in  the  War  Department. 

It  requires  but  a  few  words  to  explain  the  whole  transaction. 
Secretary  Floyd,  on  the  20th  December,  1860,  without  the  knowl 
edge  of  the  President,  ordered  Captain  (now  Colonel)  Maynadier, 
of  the  Ordnance  Bureau,  to  cause  the  guns  necessary  for  the 
armament  of  the  forts  on  Ship  Island  and  at  Galveston  to  be 
sent  to  those  places.  This  order  was  given  verbally  and  not  in 
the  usual  form.  It  was  not  recorded,  and  the  forts  were  far 
from  being  prepared  to  receive  their  armaments.  The  whole 
number  of  guns  required  for  both  forts,  according  to  the  state 
ment  of  the  Engineer  Department  to  Captain  Maynadier,  was 
one  hundred  and  thirteen  columbiads  and  eleven  32-pounders. 
When,  late  in  December,  1860,  these  were  about  to  be  shipped 
at  Pittsburg  for  their  destination  on  the  steamer  Silver  Wave, 
a  committee  of  gentlemen  from  that  city  first  brought  the  facts 
to  the  notice  of  President  Buchanan.  The  consequence  was, 
that,  in  the  language  of  the  report  of  the  committee :  "  Before 
the  order  of  the  late  Secretary  of  War  [Floyd]  had  been  fully 
executed  by  the  actual  shipment  of  said  guns  from  Pittsburg,  it 
was  countermanded  by  the  present  Secretary."  This  prompt 
proceeding  elicited  a  vote  of  thanks,  on  the  4th  January,  1861, 
from  the  Select  and  Common  Councils  of  that  city,  "  to  the 
President,  the  Attorney-General  [Black],  and  the  acting  Secre 
tary  of  War  [Holt]." 

It  is  of  this  transaction,  so  clearly  explained  by  the  commit 
tee  in  February,  1861,  that  General  Scott,  so  long  after  as  the 
8th  November,  1862,  speaks  in  the  language  which  we  again 
quote :  "  Accidentally  learning,  early  in  March,  that  under  this 
posthumous  order  [of  Secretary  Floyd]  the  shipment  of  these 
guns  had  commenced,  I  communicated  the  fact  to  Secretary 


ON  THE  EVE  OF  THE  REBELLION.  225 

Holt  (acting  for  Secretary  Cameron)  just  in  time  to  defeat  the 
robbery."  This  statement  is  plain  and  explicit.  The  period 
of  the  General's  alleged  communication  to  Secretary  Holt  is 
precisely  fixed.  It  was  in  March,  after  the  close  of  Mr.  Bu 
chanan's  administration,  and  whilst  Mr.  Holt  was  acting  for 
Secretary  Cameron,  who  had  not  yet  taken  possession  of  the 
department.  This  was  just  in  time  to  prevent  the  "posthu 
mous  "  order  of  Secretary  Floyd  from  being  carried  into  execu 
tion.  Why  does  the  General  italicize  the  word  "posthumous"  ? 
Perhaps  he  did  not  understand  its  signification.  If  this  word 
has  any  meaning  as  applicable  to  the  subject,  it  is  that  Mr.  Floyd 
had  issued  the  order  to  Captain  Maynadier  after  his  office  had 
expired.  Be  this  as  it  may,  the  object  is  palpable.  It  was  to 
show  that  Mr.  Buchanan  had  suffered  his  administration  to  ter 
minate  leaving  the  "  posthumous  "  order  of  Governor  Floyd  in 
full  force  until  after  Mr.  Lincoln's  accession,  and  that  it  would 
even  then  have  been  carried  into  execution  but  for  the  General's 
lucky  interposition. 

The  General,  in  his  letter  to  the  "  National  Intelligencer  " 
of  2d  December,  1862,  attempts  to  excuse  this  deplorable  want 
of  memory  to  the  prejudice  of  Mr.  Buchanan.  Whilst  acknowl 
edging  his  error  in  having  said  that  the  countermand  of  Mr. 
Floyd's  order  was  in  March,  instead  of  early  in  the  previous 
January,  he  insists  that  this  was  an  immaterial  mistake,  and 
still  actually  claims  the  credit  of  having  prevented  the  shipment 
of  the  cannon.  "  An  immaterial  mistake  !  "  Why,  time  was 
of  the  very  essence  of  the  charge  against  Mr.  Buchanan.  It 
was  the  alleged  delay  from  January  till  March  in  countermand 
ing  the  order,  which  afforded  any  pretext  for  an  assault  on  his 
administration.  After  his  glaring  mistake  had  been  exposed, 
simple  justice,  not  to  speak  of  magnanimity,  would  have  re 
quired  that  he  should  retract  his  error  in  a  very  different  spirit 
and  manner  from  that  which  he  has  employed. 

It  is  due  to  Colonel  Maynadier  to  give  his  own  explanation 
for  having  obeyed  the  order  of  Secretary  Floyd.  In  his  letter 
to  the  Potter  Committee  of  the  House  of  Representatives,  dated 
3d  February,  1862;,  he  says :  "  In  truth  it  never  entered  my 
mind  at  this  time  (20th  December,  1860),  that  there  could  be 


226  MK.  BUCHANAN'S  ADMINISTRATION 

any  improper  motive  or  object  in  the  order,  for  on  the  question 
of  union  and  secession  Mr.  Floyd  was  then  regarded  through 
out  the  country  as  a  strong  advocate  of  the  Union  and  opponent 
of  secession.  He  had  recently  published,  over  his  own  signa 
ture,  in  a  Richmond  paper,  a  letter  on  this  subject,  which  gained 
him  high  credit  at  the  North  for  his  boldness  in  rebuking  the 
pernicious  views  of  many  in  his  own  State." 

The  committee,  then,  in  the  third  place,  extended  back  their 
inquiry  into  the  circumstances  under  which  Secretary  Floyd 
had  a  year  before,  in  December,  1859,  ordered  the  removal  of 
one-fifth  of  the  old  percussion  and  flint-lock  muskets  from  the 
Springfield  armory,  where  they  had  accumulated  in  inconven 
ient  numbers,  to  five  Southern  arsenals.  The  committee,  after 
examining  Colonel  Craig,  Captain  Maynadier,  and  other  wit 
nesses,  merely  reported  to  the  House  the  testimony  they  had 
taken,  without  in  the  slightest  degree  implicating  the  conduct 
of  Secretary  Floyd.  Indeed,  this  testimony  is  wholly  inconsist 
ent  with  the  existence  of  any  improper  motive  on  his  part.  He 
issued  the  order  to  Colonel  Craig  (December  29th,  1859)  almost 
a  year  before  Mr.  Lincoln's  election,  several  months  before  his 
nomination  at  Chicago,  and  before  the  Democratic  party  had 
destroyed  its  prospects  of  success  by  breaking  up  the  Charleston 
Convention.  Besides,  Secretary  Floyd  was  at  the  time,  as  he 
had  always  been,  an  open  and  avowed  opponent  of  secession. 
Indeed,  long  afterwards,  when  the  question  had  assumed  a  more 
serious  aspect,  we  are  informed,  as  already  stated  by  Captain 
Maynadier,  that  he  had  in  a  Richmond  paper  boldly  rebuked 
the  advocates  of  this  pernicious  doctrine.  The  order  and  all  the 
proceedings  under  it  were  duly  recorded.  The  arms  were  not 
to  be  removed  in  haste,  but  "  from  time  to  time  as  may  be  most 
suitable  for  economy  and  transportation,"  and  they  were  to  be 
distributed  among  the  arsenals,  "  in  proportion  to  their  respec 
tive  means  of  proper  storage."  All  was  openly  transacted,  and 
the  order  was  carried  into  execution  by  the  Ordnance  Bureau 
according  to  the  usual  course  of  administration,  without  any 
reference  to  the  President. 

The  United  States  had  on  hand  499,554,  say  500,000  of  these 
muskets.  They  were  in  every  respect  inferior  to  the  new  rifle 


ON  THE  EVE  OF  THE  REBELLION.  227 

muskets,  with  which  the  army  had  for  some  years  been  sup 
plied.  They  were  of  the  old  calibre  of  TVo-  of  an  inch,  which 
had  been  changed  in  1855  to  that  of  -f^  in  the  new  rifled  mus 
kets.  It  was  105,000  of  these  arms  that  Secretary  Floyd  or 
dered  to  be  sent  to  the  five  Southern  arsenals ;  "  65,000  of  them 
were  percussion  muskets  of  the  calibre  of  3%-,  and  40,000  of  this 
calibre  altered  to  percussion."  By  the  same  order  10,000  of  the 
old  percussion  rifies  of  the  calibre  of  T5^j~  were  removed  to  these 
arsenals.  These  constitute  the  115,000  extra  muskets  and  rifles, 
with  all  their  implements  and  ammunition,  which,  according  to 
General  Scott's  allegation  nearly  three  years  thereafter,  had 
been  sent  to  the  South  to  furnish  arms  to  the  future  insurgents. 
We  might  suppose  from  this  description,  embracing  "  ammuni 
tion,"  powder  and  ball,  though  nowhere  to  be  found  except  in 
his  own  imagination,  that  the  secessionists  were  just  ready  to 
commence  the  civil  war.  His  sagacity,  long  after  the  fact,  puts 
to  shame  the  dulness  of  the  Military  Committee.  Whilst  obliged 
to  admit  that  the  whole  proceeding  was  officially  recorded,  he 
covers  it  with  an  air  of  suspicion  by  asserting  that  the  transac 
tion  was  "  very  quietly  conducted."  And  yet  it  was  openly 
conducted  according  to  the  prescribed  forms,  and  must  have 
been  known  at  the  time  to  a  large  number  of  persons,  including 
the  General  himself,  outside  either  of  the  War  Department,  the 
Springfield  armory,  or  the  Southern  arsenals.  In  truth,  there 
was  not  then  the  least  motive  for  concealment,  even  had  this 
been  possible. 

The  General  pronounces  these  muskets  and  rifles  to  have 
been  of  an  "  extra "  quality.  It  may,  therefore,  be  proper  to 
state  from  the  testimony  what  was  their  true  character. 

In  1857  proceedings  had  been  instituted  by  the  War  Depart 
ment,  under  the  act  of  3d  March,  1825,  "  to  authorize  the  sale 
of  unserviceable  ordnance,  arms,  and  military  stores."  *  The 
inspecting  officers  under  the  act  condemned  190,000  of  the  old 
muskets,  "  as  unsuitable  for  the  public  service,"  and  recom 
mended  that  they  be  sold.  In  the  spring  of  1859,  50,000  of 
them  were  offered  at  public  sale.  "  The  bids  received,"  says 
Colonel  Craig,  "  were  very  unsatisfactory,  ranging  from  10J 

*  4  Stat  at  Large,  127. 


MB.  BUCHANAN'S  ADMINISTRATION 

cents  to  $2.00,  except  one  bid  for  a  small  lot  for  $3.50.  In  sub 
mitting  them  to  the  Secretary  I  recommended  that  none  of  them 
be  accepted  at  less  than  $2.00."  An  effort  was  then  made  to 
dispose  of  them  at  private  sale  for  the  fixed  price  of  $2.50.  So 
low  was  the  estimate  in  which  they  were  held,  that  this  price 
could  not  be  obtained,  except  for  31,610  of  them  in  parcels.  It 
is  a  curious  fact,  that  although  the  State  of  Louisiana  had  pur 
chased  5,000  of  them  at  $2.50,  she  refused  to  take  more  than 
2,500.  On  the  5th  July,  1859,  Mr.  H.  G.  Fant  purchased  a 
large  lot  of  them  at  $2.50  each,  payable  in  ninety  days ;  but  in 
the  mean  time  he  thought  better  of  it,  and  like  the  State  of  Lou 
isiana  failed  to  comply  with  his  contract.  And  Mr.  Belnap, 
whose  bid  at  $2.15  for  100,000  of  them  intended  for  the  Sar 
dinian  Government  had  been  accepted  by  the  Secretary,  under 
the  impression  it  was  $2.50,  refused  to  take  them  at  this  price 
after  the  mistake  had  been  corrected.  Colonel  Craig,  in  speak 
ing  of  these  muskets  generally,  both  those  which  had  and  had 
not  been  condemned,  testified  that  "  It  is  certainly  advisable  to 
get  rid  of  that  kind  of  arms  whenever  we  have  a  sufficient  num 
ber  of  others  to  supply  their  places,  and  to  have  all  our  small 
arms  of  one  calibre.  The  new  gun  is  rifled.  A  great  many  of 
those  guns  [flint-locks],  altered  to  percussion,  are  not  strong 
enough  to  rifle,  and  therefore  they  are  an  inferior  gun.  They 
are  of  a  different  calibre  from  those  now  manufactured  by  the 
Government." 

Had  the  cotton  States  at  the  time  determined  upon  rebellion, 
what  an  opportunity  they  lost  of  supplying  themselves  with 
these  condemned  "  extra  muskets  and  rifles  "  of  General  Scott ! 

In  opposition  to  the  strictures  of  General  Scott  upon  Mr. 
Buchanan's  administration,  it  may  be  pardonable  to  state  the 
estimate  in  which  it  was  held  by  Mr.  Holt,  the  Secretary  of 
War.  No  man  living  had  better  opportunities  than  himself  of 
forming  a  just  judgment  of  its  conduct,  especially  in  regard  to 
military  matters.  Besides,  in  respect  to  these,  he  had  been  in 
constant  official  communication  with  General  Scott  from  the 
first  of  January,  1861,  until  the  inauguration  of  President  Lin 
coln.  He  had  previously  been  Postmaster-General  from  the 
decease  of  his  predecessor,  Governor  Brown,  in  March,  1859, 


ON  THE  EVE  OF  THE  REBELLION.  229 

until  the  last  day  of  December,  1860,  when  he  was  appointed 
Secretary  of  War,  at  this  period  the  most  important  and  respon 
sible  position  in  the  Cabinet.  In  this  he  continued  until  the 
end  of  the  administration.  In  his  customary  letter  of  resigna 
tion  addressed  to  Mr.  Buchanan,  immediately  before  the  advent 
of  the  new  administration,  and  now  on  file  in  the  State  Depart 
ment,  he  did  not  confine  himself  to  the  usual  routine  in  such 
cases,  but  has  voluntarily  added  an  expression  of  his  opinion  of 
the  administration  of  which  he  had  been  so  long  a  member. 
He  savs  that — 


"  In  thus  terminating  our  official  relations,  I  avail  myself  of 
the  occasion  to  express  to  you  my  heartfelt  gratitude  for  the 
confidence  with  which,  in  this  and  other  high  positions,  you 
have  honored  me,  and  for  the  firm  and  generous  support  which 
you  have  constantly  extended  to  me,  amid  the  arduous  and  per 
plexing  duties  which  I  have  been  called  to  perform.  In  the  full 
conviction  that  your  labors  will  yet  be  crowned  by  the  glory 
that  belongs  to  an  enlightened  statesmanship  and  to  an  unsul 
lied  patriotism,  and  with  sincerest  wishes  for  your  personal  hap 
piness,  I  remain  most  truly 

"  Your  friend,  "  J.  HOLT." 

It  is  fair  to  observe  that  the  policy  of  President  Lincoln 
toward  the  seven  cotton  States  which  had  seceded  before  his  in 
auguration,  was,  in  the  main,  as  conservative  and  forbearing  as 
that  of  Mr.  Buchanan.  No  fault  can  be  justly  found  with  his 
inaugural  address,  except  that  portion  of  it  derogating  from 
the  authority  of  decisions  of  the  Supreme  Court.  This  was 
doubtless  intended  to  shield  the  resolution  of  the  Chicago  plat 
form,  prohibiting  slavery  in  Territories,  from  the  Dred  Scott 
decision.  It  cannot  be  denied  that  this  had  at  the  time  an  un 
happy  influence  upon  the  border  States,  because  it  impaired  the 
hope  of  any  future  compromise  of  this  vital  question. 

President  Lincoln  specifies  and  illustrates  the  character  of 
his  inaugural  in  his  subsequent  message  to  Congress  of  the  4th 
July,  1861.  He  says :  "  The  policy  chosen  looked  to  the  exhaus 
tion  of  all  peaceable  measures,  before  a  resort  to  any  stronger 


230  MR.  BUCHANAN'S  ADMINISTRATION 

ones.  It  sought  to  hold  the  public  places  and  property,  not 
already  wrested  from  the  Government,  and  to  collect  the  reve 
nue,  "relying  for  the  rest  on  time,  discussion,  and  the  ballot-box. 
It  promised  a  continuance  of  the  mails  at  Government  expense 
to  the  very  people  who  were  resisting  the  Government,  and  it 
gave  repeated  pledges  against  any  disturbance  to  any  of  the 
people  or  any  of  their  rights.  Of  all  that  a  President  might 
constitutionally  and  justifiably  do  in  such  a  case,  every  thing 
was  forborne  without  which  it  was  possible  to  keep  the  Govern 
ment  on  foot." 

The  policy  thus  announced,  whilst  like  that  of  Mr.  Buchanan, 
was  of  a  still  more  forbearing  character.  Nay,  more  ;  the  ad 
ministration  of  Mr.  Lincoln  deliberated,  and  at  one  time,  it  is 
believed,  had  resolved,  on  the  advice  of  General  Scott,  to  with 
draw  the  troops  under  Major  Anderson  from  the  harbor  of 
Charleston,  although  this  had  been  repeatedly  and  peremptorily 
refused  by  the  preceding  administration.  If  sound  policy  had 
not  enjoined  this  forbearing  course,  it  would  have  been  dictated 
by  necessity,  because  Congress  had  adjourned  after  having  de 
liberately  refused  to  provide  either  men  or  means  for  a  defensive, 
much  less  an  aggressive  movement. 

The  policy  thus  announced  by  Mr.  Lincoln,  under  the  cir 
cumstances,  was  the  true  policy.  It  was  the  only  policy  which 
could  present  a  reasonable  hope  of  preserving  and  confirming 
the  border  States  in  their  allegiance  to  the  Government.  It 
was  the  only  policy  which  could  by  possibility  enable  these 
States  to  bring  back  -the  seceded  cotton  States  into  the  Union. 
It  was  the  only  policy  which  could  cordially  unite  the  Northern 
people  in  the  suppression  of  rebellion,  should  they  be  compelled 
to  resist  force  by  force  for  the  preservation  of  the  Constitution 
and  the  Union.  It  was,  however,  rendered  impossible  to  pursue 
this  conservative  policy  any  longer  after  the  Government  of  the 
Confederate  cotton  States,  on  the  13th  April,  1861,  had  com 
menced  the  civil  war  by  the  bombardment  and  capture  of  Fort 
Sumter.  Its  wisdom  has  been  vindicated  by  the  unanimous  and 
enthusiastic  uprising  of  the  Northern  people,  without  distinc 
tion  of  party,  to  suppress  the  rebellion  which  had  thus  been 
inaugurated. 


ON  THE  EVE  OF  THE  REBELLION.  231 


CHAPTEK    XII. 

The  reduction  of  the  expenses  of  the  Government  under  Mr.  Buchanan's  administra 
tion — The  expedition  to  Utah — The  Covode  Committee. 

THE  rancorous  and  persistent  opposition  to  Mr.  Buchanan's 
administration  throughout  its  whole  term,  did  not  divert  it  from 
devoting  its  efforts  to  promote  the  various  and  important  inter 
ests  intrusted  to  its  charge.  Both  its  domestic  and  foreign  pol 
icy  proved  eminently  successful.  This  appears  from  the  records 
of  the  country.  We  deem  it  necessary  to  refer  only  to  a  few  of 
the  most  important  particulars. 

The  administration  succeeded  by  rigid  economy  in  greatly 
reducing  the  expenditures  of  the  Government.  To  this  task 
Mr.  Buchanan  had  pledged  himself  in  his  inaugural.  It  was 
no  easy  work.  An  overflowing  treasury  had  produced  habits 
of  prodigality  which  it  was  difficult  to  correct.  Over  the  con 
tingent  expenses  of  Congress,  which  had  become  far  more  ex 
travagant  than  those  of  any  other  branch  of  the  Government, 
the  President  could  exercise  no  control.  For  these  the  two 
Houses  were  exclusively  responsible,  and  they  had  so  far  tran 
scended  all  reasonable  limits,  that  their  expenses,  though  in  their 
nature  they  ought  to  have  been  purely  incidental,  had  far  ex 
ceeded  the  whole  of  the  regular  appropriation  for  their  pay  and 
mileage.  Such  was  the  extent  of  the  abuse,  that  in  the  two 
fiscal  years  "ending  respectively  on  the  30th  June,  1858  and 
1859,  whilst  the  regular  pay  and  mileage  of  the  members  were 
less  than  $2,350,000,  these  contingencies  amounted  to  more 
than  three  millions  and  a  half.  In  the  fiscal  year  ending  on  the 
30th  June,  1860,  they  were  somewhat  reduced,  but  still  ex 
ceeded  $1,000,000. 


232  ME.  BUCHANAN'S  ADMINISTRATION 

Notwithstanding  this  extravagance  and  the  large  outlay  un 
avoidably  incurred  for  the  expedition  to  Utah,  the  President 
succeeded  in  gradually  diminishing  the  annual  expenditures 
until  they  were  reduced  to  the  sum  of  $55,402,465.46.  "We  do 
not  mention  the  cost  of  the  expedition  to  Paraguay,  because, 
through  the  careful  management  of  the  Secretary  of  the  Navy, 
this  amounted  to  very  little  more  than  the  ordinary  appropria 
tion  for  the  naval  service.  This  aggregate  embraces  all  the  ex 
penses  of  the  Government,  legislative,  executive,  and  judicial, 
for  the  year  ending  30th  June,  1860,  but  not  the  interest  on  the 
public  debt.  If  this,  which  was  $3,177,314,  be  added,  the  whole 
would  amount  to  $58,579,779.46.  If  to  this  we  should  make  a 
liberal  addition  for  appropriations  recommended  by  the  War 
and  Navy  Departments,  as  necessary  for  the  defence  of  the 
country,  but  which  were  rejected  by  Congress,  we  shall  be  able 
to  appreciate  justly  the  correctness  of  the  President's  declara 
tion  in  his  annual  message  of  December,  1860,  "  that  the  sum 
of  $61,000,000,  or,  at  the  most,  $62,000,000,  is  amply  sufficient 
to  administer  the  Government  and  to  pay  the  interest  on  the 
public  debt,  unless  contingent  events  should  hereafter  ren 
der  extraordinary  expenditures  necessary."  These  statements, 
though  made  in  the  message,  were  never  controverted  by  any 
member  of  either  House  in  this  hostile  Congress.  The  expen-. 
diture  was  reduced  to  a  much  lower  figure  than  the  friends  of 
the  administration  deemed  possible.  The  result  was  the  fruit 
of  rigid  economy  and  strict  accountability.  All  public  con 
tracts,  except  in  a  very  few  cases  where  this  was  impracticable, 
were  awarded,  after  advertisement,  to  the  lowest  bidder.  And 
yet,  in  the  face  of  all  these  facts,  the  administration  of  Mr.  Bu 
chanan  has  been  charged  with  extravagance. 

TIT  AH. 

In  addition  to  the  troubles  in  Kansas,  President  Buchanan, 
at  an  early  period  of  his  administration,  was  confronted  by  an 
open  resistance  to  the  execution  of  the  laws  in  the  Territory  of 
Utah.  All  the  officers  of  the  United  States,  judicial  and  exec 
utive,  except  two  Indian  agents,  had  found  it  necessary  for  their 


ON   THE    EVE    OF    THE    REBELLION. 

personal  safety  to  escape  from  the  Territory.  There  no  longer 
remained  in  it  any  Government,  except  the  Mormon  despotism 
of  Brigham  Young.  This  being  the  condition  of  affairs,  the 
President  had  no  alternative  but  to  adopt  vigorous  measures  for 
restoring  the  supremacy  of  the  Constitution  and  the  laws.  For 
this  purpose  he  appointed  a  new  Governor  (Gumming)  and 
other  Federal  officers,  to  take  the  place  of  Governor  Young  and 
of  those  who  had  been  compelled  to  leave  the  Territory.  To 
have  sent  these  officers  to  Utah  without  a  military  force  to  pro 
tect  them  whilst  performing  their  duties,  would  have  only  in 
vited  further  aggression.  He  therefore  ordered  that  a  detach 
ment  of  the  army,  should  accompany  them  to  act  as  &  posse  com. 
itatus,  when  required  by  the  civil  authority  for  the  execution 
of  the  laws. 

There  was  much  reason  to  believe  that  Governor  Young  had 
long  desired  and  intended  to  render  himself  independent.  "  He 
knows  [says  the  President,  in  his  annual  message  of  December, 
1857]  that  the  continuance  of  his  despotic  power  depends  upon 
the  exclusion  of  all  settlers  from  the  Territory,  except  those  who 
will  acknowledge  his  divine  mission  and  implicitly  obey  his 
will ;  and  that  an  enlightened  public  opinion  would  soon  pros 
trate  institutions  at  war  with  the  -laws  both  of  God  and  man. 
He  has,  therefore,  for  several  years,  in  order  to  maintain  his 
independence,  been  industriously  employed  in  collecting  and 
fabricating  arms  and  munitions  of  war,  and  in  disciplining  the 
Mormons  for  military  service.  As  Superintendent  of  Indian 
Affairs,  he  has  had  an  opportunity  of  tampering  with  the  Indian 
tribes,  and  exciting  their  hostile  feelings  against  the  United 
States.  This,  according  to  our  information,  he  has  accomplished 
in  regard  to  some  of  these  tribes,  while  others  have  remained 
true  to  their  allegiance,  and  have  communicated  his  intrigues  to 
our  Indian  agents." 

"  At  the  date  of  the  President's  instructions  to  Govenor  Gum 
ming,  a  hope  was  indulged  that  no  necessity  might  exist  for  em 
ploying  the  military  in  restoring  and  maintaining  the  authority 
of  the  law,  but  this  hope  has  now  vanished.  Governor  Young 
has,  by  proclamation,  declared  his  determination  to  maintain 
his  power  by  force,  and  has  already  committed  acts  of  hostility 


234:  ME.  BUCHANAN'S  ADMINISTRATION 

against  vthe  United  States.  Unless  he  should  retrace  his  steps, 
the  Territory  of  Utah  will  be  in  a  state  of  open  rebellion.  He 
has  committed  these  acts  of  hostility,  notwithstanding  Major 
Yan  Yliet,  an  officer  of  the  army,  sent  to  Utah  by  the  Com 
manding  General  to  purchase  provisions  for  the  troops,  had 
given  him  the  strongest  assurances  of  the  peaceful  intentions 
of  the  Government,  and  that  the  troops  would  only  be  employed 
as  &  posse  comitatMS  when  called  on  by  the  civil  authority  to  aid 
in  the  execution  of  the  laws." 

He  not  only  refused  to  sell,  or  permit  the  Mormons  to  sell, 
any  provisions  for  the  subsistence  of  the  troops,  but  he  informed 
Major  Yan  Yliet  that  he  had  laid  in  a  store  of  provisions  for 
three  years,  which  in  case  of  necessity  he  would  conceal  "  and 
then  take  to  the  mountains,  and  bid  defiance  to  all  the  powers 
of  the  Government." 

The  message  proceeds  to  state  that  "  a  great  part  of  all  this 
may  be  idle  boasting ;  but  yet  no  wise  government  will  lightly 
estimate  the  efforts  which  may  be  inspired  by  such  frenzied 
fanaticism  as  exists  among  the  Mormons  in  Utah.  This  is  the 
first  rebellion  which  has  existed  in  our  Territories ;  and  human 
ity  itself  requires  that  we  should  put  it  down  in  such  a  manner 
that  it  shall  be  the  last.  To  trifle  with  it  would  be  to  encourage 
it  and  to  render  it  formidable." 

It  was  not  until  the  29th  of  June,  1857,  that  the  General  in 
Chief  (Scott)  was  enabled  to  issue  orders,  from  his  headquar 
ters  at  New  York,  to  Brigadier  General  Harney,  for  the  conduct 
of  the  expedition.*  (And  here  it  may  be  proper  to  observe  that 
Col.  A.  S.  Johnston,  of  the  2d  United  States  cavalry,  was  soon 
after  substituted  in  the  command  for  General  Harney.  This 
was  done  on  the  earnest  request  of  Governor  "Walker,  who 
believed  that  Harney 's  services  in  Kansas  were  indispensable.) 

The  season  was  now  so  far  advanced,  and  Utah  was  so  dis 
tant,  that  doubts  were  entertained  whether  the  expedition  ought 
not  to  be  delayed  until  the  next  spring.  But  the  necessity  for 
a  prompt  movement  to  put  down  the  resistance  of  Brigham 
Young,  to  the  execution  of  the  laws,  and  to  prevent  the  conse 
quences  of  leaving  him  in  undisturbed  possession  of  supreme 

*  Senate  Documents,  1857-58,  vol.  iii.,  p.  21. 


ON  THE  EVE  OF  THE  KEBELLIOK.  235 

power  for  another  year,  were  most  fortunately  sufficient  to 
overcome  these  doubts.  General  Scott  in  his  orders  refers 
to  these  difficulties,  and  makes  them  the  occasion  of  prescrib 
ing  to  the  commander  the  great  care  and  diligence  he 
ought  to  employ.  He  says :  "  The  lateness  of  the  season,  the 
dispersed  condition  of  the  troops,  and  the  smallness  of  the  num 
bers  available,  have  seemed  to  present  elements  of  difficulty,  if 
not  hazard,  in  this  expedition.  But  it  is  believed  that  these 
may  be  compensated  by  unusual  care  in  its  outfit  and  great  pru 
dence  in  its  conduct.  All  disposable  recruits  have  been 
reserved  for  it.  So  well  is  the  nature  of  this  service  appreci 
ated,  and  so  deeply  are  the  honor  and  interests  of  the  United 
States  involved  in  its  success,  that  I  am  authorized  to  say  the 
Government  will  hesitate  at  no  expense  requisite  to  complete 
the  efficiency  of  your  little  army,  and  to  insure  health  and  com 
fort  to  it,  as  far  as  attainable." 

The  happy  result  of  this  expedition  we  shall  present  in  the 
language  of  the  annual  message  of  the  6th  of  December,  1858,  as 
follows :  "  The  present  condition  of  the  Territory  of  Utah, 
when  contrasted  with  what  it  was  one  year  ago,  is  a  subject  for 
congratulation.  It  was  then  in  a  state  of  open  rebellion,  and 
cost  what  it  might,  the  character  of  the  Government  required 
that  this  rebellion  should  be  suppressed,  and  the  Mormons  com 
pelled  to  yield  obedience  to  the  Constitution  and  the  laws. 
In  order  to  accomplish  this  object,  as  I  informed  you  in  my  last 
annual  message,  I  appointed  a  new  Governor  instead  of  Brig- 
ham  Young,  and  other  Federal  officers  to  take  the  place  of 
those  who,  consulting  their  personal  safety,  had  found  it  neces 
sary  to  withdraw  from  the  Territory.  To  protect  these  civil 
officers,  and  to  aid  them  as  a  posse  comitatus  in  the  execution 
of  the  laws  in  case  of  need,  I  ordered  a  detachment  of  the  army 
to  accompany  them  to  Utah.  The  necessity  for  adopting  these 
measures  is  now  demonstrated. 

"  On  the  15th  of  September,  185T,  Governor  Young  issued  his 
proclamation,  in  the  style  of  an  independent  sovereign,  announc 
ing  his  purpose  to  resist  by  force  of  arms  the  entry  of  the  United 
States  troops  into  our  own  Territory  of  Utah.  By  this  he  re 
quired  all  the  forces  in  the  Territory  6  to  hold  themselves  in 


236  ME.  BUCHANAN'S  ADMINISTRATION 

readiness  to  march  at  a  moment's  notice  to  repel  any  and  all 
such  invasion,'  and  established  martial  law  from  its  date  through 
out  the  Territory.  These  proved  to  be  no  idle  threats.  Forts 
Bridger  and  Supply  were  vacated  and  burnt  down  by  the  Mor 
mons,  to  deprive  our  troops  of  a  shelter  after  their  long  and 
fatiguing  march.  Orders  were  issued  by  Daniel  H.  Wells, 
styling  himself  '  Lieutenant-General,  Nauvoo  Legion,'  to  stam 
pede  the  animals  of  the  United  States  troops  on  their  march,  to 
set  fire  to  their  trains,  to  burn  the  grass  and  the  whole  country 
before  them  and  on  their  flanks,  to  keep  them  from  sleeping  by 
night  surprises,  and  to  blockade  the  road  by  felling  trees  and 
destroying  the  fords  of  rivers,  etc.,  etc.,  etc. 

"  These  orders  were  promptly  and  effectually  obeyed.  On 
the  4th  of  October,  1857,  the  Mormons  captured  and  burned, 
on  Green  River,  three  of  our  supply  trains,  consisting  of  seventy- 
five  wagons  loaded  with  provisions  and  tents  for  the  army,  and 
carried  away  several  hundred  animals.  This  diminished  the 
supply  of  provisions  so  materially  that  General  Johnston  was 
obliged  to  reduce  the  ration,  and  even  with  this  precaution 
there  was  only  sufficient  left  to  subsist  the  troops  until  the  first 
of  June. 

"  Our  little  army  behaved  admirably  in  their  encampment  at 
Fort  Bridger  under  these  trying  privations.  In  the  midst  of  the 
mountains,  in  a  dreary,  unsettled,  and  inhospitable  region,  more 
than  a  thousand  miles  from  home,  they  passed  the  severe  and 
inclement  winter  without  a  murmur.  They  looked  forward 
with  confidence  for  relief  from  their  country  in  due  season,  and 
in  this  they  were  not  disappointed. 

"  The  Secretary  of  War  employed  all  his  energies  to  forward 
them  the  necessary  supplies,  and  to  muster  and  send  such  a 
military  force  to  Utah  as  would  render  resistance  on  the  part 
of  the  Mormons  hopeless,  and  thus  terminate  the  war  without 
the  effusion  of  blood.  In  his  efforts  he  was  efficiently  sustained 
by  Congress.  They  granted  appropriations  sufficient  to  cover 
the  deficiency  thus  necessarily  created,  and  also  provided  for 
raising  two  regiments  of  volunteers  '  for  the  purpose  of  quelling 
disturbances  in  the  Territory  of  Utah,  for  the  protection  of  sup 
ply  and  emigrant  trains,  and  the  suppression  of  Indian  hostili- 


ON  THE  EYE  OF  THE  REBELLION.  237 

ties  on  the  frontiers.'  *  Happily,  there  was  no  occasion  to  call 
these  regiments  into  service.  If  there  had  been,  I  should  have 
felt  serious  embarrassment  in  selecting  them,  so  great  was  the 
number  of  our  brave  and  patriotic  citizens  anxious  to  serve 
their  country  in  this  distant  and  apparently  dangerous  expedi 
tion.  Thus  it  has  ever  been,  and  thus  may  it  ever  be  ! 

"  The  wisdom  and  economy  of  sending  sufficient  reenforce- 
ments  to  Utah  ^re  established  not  only  by  the  event,  but  in  the 
opinion  of  those  who,  from  their  position  and  opportunities,  are 
the  most  capable  of  forming  a  correct  judgment.  General  John 
ston,  the  commander  of  the  forces,  in  addressing  the  Secretary 
of  War  from  Fort  Bridger,  under  date  of  October  18th,  1857, 
expresses  the  opinion  that { unless  a  large  force  is  sent  here, 
from  the  nature  of  the  country,  a  protracted  war  on  their  [the 
Mormons']  part  is  inevitable.'  This  he  considered  necessary,  to 
terminate  the  war  '  speedily  and  more  economically  than  if 
attempted  by  insufficient  means.' 

"In  the  mean  time  it  was  my  anxious  desire  that  the  Mor 
mons  should  yield  obedience  to  the  Constitution  and  the  laws, 
without  rendering  it  necessary  to  resort  to  military  force.  To 
aid  in  accomplishing  this  object,  I  deemed  it  advisable,  in  April 
last,  to  despatch  two  distinguished  citizens  of  the  United  States, 
Messrs.  Powell  and  McCulloch,  to  Utah.  They  bore  with  them 
a  proclamation  addressed  by  myself  to  the  inhabitants  of  Utah, 
dated. on  the  6th  day  of  that  month,  warning  them  of  their  true 
condition,  and  how  hopeless  it  was  on  their  part  to  persist  in 
rebellion  against  the  United  States,  and  offering  all  those  who 
should  submit  to  the  laws  a  full  pardon  for  their  past  seditions 
and  treasons.  At  the  same  time  I  assured  those  who  should 
persist  in  rebellion  against  the  United  States  that  they  must  ex 
pect  no  further  lenity,  but  look  to  be  rigorously  dealt  with, 
according  to  their  deserts.  The  instructions  to  these  agents,  as 
well  as  a  copy  of  the  proclamation  and  their  reports,  are  here 
with  submitted.  It  will  be  seen  by  their  report  of  the  3d  of 
July  last,  that  they  have  fully  confirmed  the  opinion  expressed 
by  General  Johnston  in  the  previous  October  as  to  the  necessity 
of  sending  reinforcements  to  Utah.  In  this  they  state  that  they 

*  Act  of  7th  April,  1858,  11  Laws,  p.  262. 


238  ME.  BUCHANAN'S  ADMINISTEATION 

'  are  firmly  impressed  with  the  belief  that  the  presence  of  the 
army  here,  and  the  large  additional  force  that  had  been  ordered 
to  this  Territory,  were  the  chief  inducements  that  caused  the 
Mormons  to  abandon  the  idea  of  resisting  the  authority  of  the 
United  States.  A  less  decisive  policy  would  probably  have 
resulted  in  a  long,  bloody,  and  expensive  war.'  These  gentle 
men  conducted  themselves  to  my  entire  satisfaction,  and  ren 
dered  useful  services  in  executing  the  humape  intentions  of 
the  Government. 

"  It  also  affords  me  great  satisfaction  to  state  that  Governor 
Gumming  has  performed  his  duty  in  an  able  and  conciliatory 
manner,  and  with  the  happiest  effect.  I  cannot,  in  this  connec 
tion,  refrain  from  mentioning  the  valuable  services  of  Colonel 
Thomas  L.  Kane,  who,  from  motives  of  pure  benevolence,  and 
without  any  official  character  or  pecuniary  compensation,  vis 
ited  Utah  during  the  last  inclement  winter  for  the  purpose  of 
contributing  to  the  pacification  of  the  Territory. 

"  I  am  happy  to  inform  you  that  the  Governor  and  other 
civil  officers  of  Utah  are  now  performing  their  appropriate  fane 
tions  without  resistance.  The  authority  of  the  Constitution  and 
the  laws  has  been  fully  restored,  and  peace  prevails  throughout 
the  Territory.  A  portion  of  the  troops  sent  to  Utah  are  now 
encamped  in  Cedar  Yalley,  forty-four  miles  southwest  of  Salt 
Lake  City,  and  the  remainder  have  been  ordered  to  Oregon  to 
suppress  Indian  hostilities. 

"  The  march  of  the  army  to  Salt  Lake  City,  through  the 
Indian  Territory,  has  had  a  powerful  effect  in  restraining  the 
hostile  feelings  against  the  United  States  which  existed  among 
the  Indians  in  that  region,  and  in  securing  emigrants  to  the  far 
west  against  their  depredations.  This  will  also  be  the  means  of 
establishing  military  posts  and  promoting  settlements  along  the 
route. 

"  I  recommend  that  the  benefits  of  our  land  laws  and  pre 
emption  system  be  extended  to  the  people  of  Utah,  by  the  estab 
lishment  of  a  land  office  in  that  Territory." 

Nearly  eight  years  after  these  events  had  passed  into  history, 
Mr.  Buchanan  was  no  little  surprised  to  discover  that  General 


ON  THE  EVE  OF  THE  REBELLION.  239 

Scott,  in  his  autobiography,  published  in  1864,*  asserts  that  he 
had  protested  against  the  Utah  expedition,  and  that  it  was  set 
on  foot  by  Secretary  Floyd,  "  to  open  a  wide  field  for  frauds  and 
peculation."  He  does  not  even  intimate  that  the  expedition 
had  been  ordered  by  the  President.  The  censure  is  cast  upon 
Floyd,  and  upon  Floyd  alone.  The  President  had,  as  a  matter 
of  course,  left  the  military  details  of  the  movement  to  the  Sec 
retary  of  War  and  the  Commanding  General  of  the  Army. 
From  a  reference  to  the  instructions  from  the  General  to  Gen 
eral  Harney,  the  President  could  not  have  inferred  the  exist 
ence  of  any  such  protest.  On  the  contrary,  General  Scott 
explicitly  states  the  fact  that  they  had  been  "  prepared  in  con 
cert  with  the  War  Department,  and  sanctioned  by  its  au 
thority  wherever  required."  In  these  instructions  General 
Scott,  so  far  from  intimating  that  he  had  protested  against  the 
expedition,  states  that  "  the  community,  and  in  part  the  civil 
Government  of  Utah  Territory,  are  in  a  state  of  substantial  re 
bellion  against  the  laws  and  authority  of  the  United  States.  A 
new  civil  "Governor  is  about  to  be  designated,  and  to  be  charged 
with  the  establishment  and  maintenance  of  law  and  order. 
Your  able  and  energetic  aid,  with  that  of  the  troops  to  be  placed 
under  your  command,  is  relied  upon  to  secure  the  success  of  his 
mission."  And  the  General,  as  we  have  already  seen,  expresses 
the  belief  that  the  honor  and  interest  of  the  United  States  were 
deeply  involved  in  the  result.  Most  certainly  Mr.  Buchanan, 
until  he  read  the  autobiography,  never  learned  that  General 
Scott  had  protested  against  the  Utah  expedition. 

THE      COVODE      COMMITTEE. 

We  have  already  more  than  once  referred  to  the  violent  and 
persistent  opposition  manifested  in  Congress  to  President  Bu 
chanan's  administration  throughout  its  whole  term.  This  was 
displayed  in  a  signal  manner  by  the  creation  and  proceedings  of 
the  notorious  Covode  Committee,  during  the  session  immediately 
preceding  the  Presidential  election.  It  was  instituted,  beyond 
doubt,  to  render  the  existing  Democratic  administration  odious 

*  Vol.  ii.,  p.  504 
16 


240  ME.  BUCHANAN'S  ADMINISTRATION 

in  the  eyes  of  the  people,  and  thereby  to  promote  the  election 
of  any  Republican  candidate  who  might  be  nominated.  The 
manner  in  which  this  committee  was  raised,  by  stifling  debate, 
plainly  augured  the  character  of  its  future  action. 

On  the  5th  March,  1860,  Mr.  John  Covode,  a  Representa 
tive  from  Pennsylvania,  moved  to  suspend  the  rules  of  the 
House  so  as  to  enable  him  to  introduce  the  resolutions  creating 
his  committee.*  The  Speaker  decided  that  this  motion  was 
nqt  debatable.  Several  members  endeavored  to  discuss  the 
character  of  the  resolutions,  but  they  were  soon  called  to  order 
and  silenced.  Before  Mr.  Underwood  was  stopped  he  had  got 
BO  far  as  to  say :  "  I  rise  to  a  point  of  order.  It  is,  that  it  is  not 
in  order,  in  this  House,  for  any  member  to  propose  an  investi 
gation  upon  vague,  loose,  and  indefinite  charges,  but  it  is  his 
duty  to  state  the  grounds  distinctly  upon  which  he  predicates 
his  inquiry.  If  the  gentleman  who  offered  these  resolutions 
will  state  to  the  House,  upon  his  responsibility  as  a  member, 
that  he  knows,  or  has  been  informed  and  believes,  that  offers 
have  been  made  to  bribe,  as  insinuated  in  that  resolution,  no 
body  will  object.  But  I  do  object  to  charges  against  any  officer 
of  the  Government  by  insinuation."  Mr.  Covode  was  silent  to 
this  appeal,  but  Mr.  Bingham  came  to  his  relief  by  objecting  to 
the  debate  as  "  all  out  of  order." 

Mr.  Winslow  afterwards  (amidst  loud  and  continued  cries 
of  "  Order ")  said :  "  I  feel  some  hesitation  about  my  vote. 
These  resolutions  are  very  vague  and  indefinite,  large  in  their 
terms,  and  framed  like  a  French  indictment,  covering  a  deal  of 
ground  and  abounding  in  a  multitude  of  general  charges.  I 
have  perfect  confidence  in  the  integrity  of  the  President  and  his 
Cabinet.  Let  any  specific  charge  be  brought  against  him  or 
them,  and  I  will  cheerfully  yield  the  fullest  investigation,  and 
accord  the  promptest  action.  I  will  do  nothing  to  hinder  but 
every  thing  to  facilitate  it.  I  cannot,  however,  vote  for  a  com 
mittee  on  these  sweeping  charges."  Mr.  John  Cochrane,  of 
New  York,  had  also  got  so  far  as  to  say :  "  Because  no  charges 
have  been  made  on  which  an  investigation  can  be  founded," 
when  "Mr.  Grow  and  others  called  the  gentleman  to  order." 

*  House  Journal,  p.  450;  "  Congressional  Globe,"  pp.  997,  998. 


ON  THE   EVE   OF  THE  BEBELLION.  24:1 

The  motion  to  suspend  the  rules  was  passed,  and  the  resolu 
tions  were  then  before  the  House  for  consideration  and  discus 
sion,  when  Mr.  Covode  instantly  rose  before  any  other  member 
could  obtain  the  floor,  and  called  for  the  previous  question  on 
the  adoption  of  the  resolutions,  which  if  sustained  would  cut 
off  all  amendment  and  debate. 

Mr.  NOELL.  "  I  desire  to  offer  an  amendment,  and  ask  that 
it  may  be  read  for  information." 

Mr.  COVODE.     "  I  cannot  yield  for  that  purpose." 

Mr.  2sToELL.  "  I  ask  to  have  the  amendment  read  for  infor 
mation." 

.  Mr.  BINGHAM.     "  I  object." 

"  The  previous  question  was  seconded  and  the  main  question 
ordered  to  be  put,  and  under  the  operation  thereof  the  resolu 
tions  were  adopted." 

On  the  9th  March,  1860,  Mr.  Speaker  Pennington  appointed 
Mr.  Covode  of  Pennsylvania,  Mr.  Olin  of  New  York,  Mr. 
Winslow  of  North  Carolina,  Mr.  Train  of  Massachusetts,  and 
Mr.  James  C.  Robinson  of  Illinois,  members  of  the  committee.* 
The  Covode  Committee  was  thus  ushered  into  existence  in  om 
inous  silence,  its  authors  having  predetermined  not  to  utter  a 
word  themselves,  nor  to  suffer  its  opponents  to  utter  a  word,  on 
the  occasion  of  its  birth.  The  President  could  not  remain  si 
lent  in  the  face  of  these  high-handed  and  unexampled  proceed 
ings.  He  felt  it  to  be  his  imperative  duty  to  protest  against 
them  as  a  dangerous  invasion  by  the  House  of  the  rights  and 
powers  of  the  Presidential  office  under  the  Constitution  of  the 
United  States.  Accordingly  he  transmitted  to  the  House,  on 
the  28th  March,  1860,  the  following  message :  f 

"  To  THE  HOUSE  OF  REPRESENTATIVES  : 

"After  a  delay  which  has  afforded  me  ample  time  for  reflec 
tion,  and  after  much  and  careful  deliberation,  I  find  myself  con 
strained  by  an  imperious  sense  of  duty,  as  a  coordinate  branch 
of  the  Federal  Government,  to  protest  against  the  first  two 
clauses  of  the  first  resolution  adopted  by  the  House  of  Repre 
sentatives  on  the  5th  instant,  and  published  in  the  "  Congres- 

*  House  Journal,  p.  484.  t  Ibid.,  p.  618. 


24:2  ME.  BUCHANAN'S  ADMINISTRATION 

sional  Globe  "  on  the  succeeding  day.  These  clauses  are  in  the 
following  words :  '  Resolved,  That  a  committee  of  five  members 
be  appointed  by  the  Speaker,  for  the  purpose,  1st,  of  investi 
gating  whether  the  President  of  the  United  States,  or  any  other 
officer  of  the  Government,  has,  by  money,  patronage,  or  other 
improper  means,  sought  to  influence  the  action  of  Congress,  or 
any  committee  thereof,  for  or  against  the  passage  of  any  law 
appertaining  to  the  rights  of  any  State  or  Territory ;  and  2d, 
also  to  inquire  into  and  investigate  whether  any  officer  or  offi 
cers  of  the  Government  have,  by  combination  or  otherwise,  pre 
vented  or  defeated,  or  attempted  to  prevent  or  defeat,  the  execu 
tion  of  any  law  or  laws  now  upon  the  statute  book,  and  whether 
the  President  has  failed  or  refused  to  compel  the  execution  of 
any  law  thereof.' 

"  I  confine,  myself  exclusively  to  these  two  branches  of  the 
resolution,  because  the  portions  of  it  which  follow  relate  to  al 
leged  abuses  in  post-offices,  navy-yards,  public  buildings,  and 
other  public  works  of  the  United  States.  In  such  cases  inqui 
ries  are  highly  proper  in  'themselves,  and  belong  equally  to  the 
Senate  and  the  House  as  incident  to  their  legislative  duties,  and 
being  necessary  to  enable  them  to  discover  and  to  provide  the 
appropriate  legislative  remedies  for  any  abuses  which  may  be 
ascertained.  Although  the  terms  of  the  latter  portion  of  the 
resolution  are  extremely  vague  and  general,  yet  my  sole  purpose 
in  adverting  to  them  at  present  is  to  mark  the  broad  line  of  dis 
tinction  between  the  accusatory  and  the  remedial  clauses  of  this 
resolution.  The  House  of  Representatives  possess  no  power 
under  the  Constitution  over  the  first  or  accusatory  portion  of  the 
resolution,  except  as  an  impeaching  body ;  whilst  over  the  last, 
in  common  with  the  Senate,  their  authority- as  a  legislative  body 
is  fully  and  cheerfully  admitted. 

"  It  is  solely  in  reference  to  the  first  or  impeaching  power 
that  I  propose  to  make  a  few  observations.  Except  in  this  sin 
gle  case,  the  Constitution  has  invested  the  House  of  Representa 
tives  with  no  power,  no  jurisdiction,  no  supremacy  whatever 
over  the  President.  In  all  other  respects  he  is  quite  as  inde 
pendent  of  them  as  they  are  of  him.  As  a  coordinate  branch 
of  the  Government  he  is  their  equal.  Indeed,  he  is  the  only 


ON   THE   EVE   OF   THE  REBELLION. 

direct  representative  on  earth  of  the  people  of  all  and  each  of 
the  sovereign  States.  To  them,  and  to  them  alone,  is  he  'respon 
sible  whilst  acting  within  the  sphere  of  his  constitutional  duty, 
and  not  in  any  manner  to  the  House  of  Eepresentatives.  The 
people  have  thought  proper  to  invest  him  with  the  most  honor 
able,  responsible,  and  dignified  office  in  the  world;  and  the  indi 
vidual,  however  unworthy,  now  holding  this  exalted  position, 
will  take  care,  so  far  as  in  him  lies,  that  their  rights  and  prerog 
atives  shall  never  be  violated  in  his  person,  but  shall  pass  toliis 
successors  unimpaired  by  the  adoption  of  a  dangerous  prece 
dent.  He  will  defend  them  to  the  last  extremity  against  any 
unconstitutional  attempt,  come  from  what  quarter  it  may,  to 
abridge  the  constitutional  rights  of  the  Executive,  and  render 
him  subservient  to  any  human  power  except  themselves. 

"  The  people  have  not  confined  the  President  to  the  exercise 
of  executive  duties.  They  have  also  conferred  upon  him  a  large 
measure  of  legislative  discretion.  !Nb  bill  can  become  a  law 
without  his  approval,  as  representing  the  people  of  the  United 
States,  unless  it  shall  pass  after  his  veto  by  a  majority  of  two- 
thirds  of  both  Houses.  In  his  legislative  capacity  he  might,  in 
common  with  the  Senate  and  the  House,  institute  an  inquiry  to 
ascertain  any  facts  which  ought  to  influence  his  judgment  in 
approving  or  vetoing  any  bill.  This  participation  in  the  per 
formance  of  legislative  duties  between  the  coordinate  branches 
of  the  Government  ought  to  inspire  the  conduct  of  all  of  them, 
in  their  relations  toward  each  other,  with  mutual  forbearance 
and  respect.  At  least  each  has  a  right  to  demand  justice  from 
the  other.  The  cause  of  complaint  is,  that  the  constitutional 
rights  and  immunities  of  the  Executive  have  been  violated  in 
the  person  of  the  President. 

"  The  trial  of  an  impeachment  of  the  President  before  the 
Senate  on  charges  preferred  and  prosecuted  against  him  by  the 
House  of  Representatives,  would  be  an  imposing  spectacle  for 
the  world.  In  the  result,  not  only  his  removal  from  the  Presi 
dential  office  would  be  involved,  but,  what  is  of  infinitely  greater 
importance  to  himself,  his  character,  both  in  the  eyes  of  the 
present  and  of  future  generations,  might  possibly  be  tarnished. 
The  disgrace  cast  upon  him  would  in  some  degree  be  reflected 


244  ME.  BUCHANAN'S  ADMINISTRATION 

upon  the  character  of  the  American  people  who  elected  him. 
Hence  the  precautions  adopted  by  the  Constitution  to  secure  a 
fair  trial.  On  such  a  trial  it  declares  that  '  the  Chief  Justice 
shall  preside.'  This  was  doubtless  because  the  framers  of  the 
CoDstitution  believed  it  to  be  possible  that  the  Yice-President 
might  be  biassed  by  the  fact  that  '  in  case  of  the  removal  of  the 
President  from  office '  '  the  same  shall  devolve  on  the  Yice-Pres 
ident.' 

* "  The  preliminary  proceedings  in  the  House  in  the  case  of 
charges  which  may  involve  impeachment,  have  been  well  and 
wisely  settled  by  long  practice  upon  principles  of  equal  justice 
both  to  the  accused  and  to  the  people.  The  precedent  estab 
lished  in  the  case  of  Judge  Peck,  of  Missouri,  in  1831,  after  a 
careful  review  of  all  former  precedents,  will,  I  venture  to  pre 
dict,  stand  the  test  of  time.  In  that  case,  Luke  Edward  Law 
less,  the  accuser,  presented  a  petition  to  the  House,  in  which  he 
set  forth  minutely  and  specifically  his  causes  of  complaint.  He 
prayed  '  that  the  conduct  and  proceedings  in  this  behalf  of  said 
Judge  Peck  may  be  inquired  into  by  your  honorable  body,  and 
such  decision  made  thereon  as  to  your  wisdom  and  justice  shall 
seem  proper.'  This  petition  was  referred  to  the  Judiciary  Com 
mittee  ;  such  has  ever  been  deemed  the  appropriate  committee 
to  make  similar  investigations.  It  is  a  standing  committee,  sup 
posed  to  be  appointed  without  reference  to  any  special  case,  and 
at  all  times  is  presumed  to  be  composed  of  the  most  eminent 
lawyers  in  the  House  from  different  portions  of  the  Union, 
whose  acquaintance  with  judicial  proceedings,  and  whose  habits 
of  investigation,  qualify  them  peculiarly  for  the  task.  £To  tri 
bunal,  from  their  position  and  character,  could  in  the  nature  of 
things  be  more  impartial.  In  the  case  of  Judge  Peck  the  wit 
nesses  were  selected  by  the  committee  itself,  with  a  view  to 
ascertain  the  truth  of  the  charge.  They  were  cross-examined 
by  him,  and  every  thing  was  conducted  in  such  a  manner  as  to 
afford  him  no  reasonable  cause  of  complaint.  In  view  of  this 
precedent,  and,  what  is  of  far  greater  importance,  in  view  of  the 
Constitution  and  the  principles  of  eternal  justice,  in  what  man 
ner  has  the  President  of  the  United  States  been  treated  by  the 
House  of  Kepresentatives  ?  Mr.  John  Covode,  a  representative 


ON  THE   EVE   OF  THE    REBELLION.  245 

from  Pennsylvania,  is  the  accuser  of  the  President.  Instead  of 
following  the  wise  precedents  of  former  times,  and  especially 
that  in  the  case  of  Judge  Peck,  and  referring  the  accusation  to 
the  Committee  on  the  Judiciary,  the  House  have  made  my  ac 
cuser  one  of  my  judges. 

"  To  make  the  accuser  the  judge  is  a  violation  of  the  princi 
ples  of  universal  justice,  and  is  condemned  by  the  practice  of  all 
civilized  nations.  Every  freeman  must  revolt  &t  such  a  specta 
cle.  I  am  to  appear  before  Mr.  Covode,  either  personally  or  by 
a  substitute,  to  cross-examine  the  witnesses  which  he  may  pro 
duce  before  himself  to  sustain  his  own  accusations  against  me, 
and  perhaps  even  this  poor  boon  may  be  denied  to  the  President. 

"  And  what  is  the  nature  of  the  investigation  which  his  reso 
lution  proposes  to  institute  ?  It  is  as  vague  and  general  as  the 
English  language  affords  words  in  which  to  make  it.  The  com 
mittee  is  to  inquire,  not  into  any  specific  charge  or  charges,  but 
whether  the  President  has,  'by  money,  patronage,  or  other 
improper  means,  sought  to  influence,'  not  the  action  of  any 
individual  member  or  members  of  Congress,  but '  the  action '  of 
the  entire  body  '  of  Congress '  itself,  '  or  any  committee  thereof.' 
The  President  might  have  had  some  'glimmering  of  the  nature 
of  the  offence  to  be  investigated,  had  his  accuser  pointed  to  the 
act  or  acts  of  Congress  which  he  sought  to  pass  or  to  defeat  by 
the  employment  of '  money,  patronage,  or  other  improper  means.' 
But  the  accusation  is  bounded  by  no  such  limits.  It  extends  to 
the  whole  circle  of  legislation ;  to  interference  <  for  or  against 
the  passage  of  any  law  appertaining  to  the  rights  of  any  State 
or  Territory.'  And  what  law  does  not  appertain  to  the  rights 
of  some  State  or  Territory  ?  And  what  law  or  laws  has  the 
President  failed  to  execute?  These  might  easily  have  been 
pointed  out  had  any  such  existed. 

"  Had  Mr.  Lawless  asked  an  inquiry  to  be  made  by  the 
House  whether  Judge  Peck,  in  general  terms,  had  not  violated 
his  judicial  duties,  without  the  specification  of  any  particular 
act,  I  do  not  believe  there  would  have  been  a  single  vote  in  that 
body  in  favor  of  the  inquiry.  Since  the  time  of  the  Star  Cham 
ber  and  of  general  warrants,  there  has  been  no  such  proceeding 
in  England. 


246  ME.  BUCHANAN'S  ADMINISTKATION 

"  The  House  of  Representatives,  the  high  impeaching  power 
of  the  country,  without  consenting  to  hear  a  word  of  explana 
tion,  have  indorsed  this  accusation  against  the  President,  and 
made  it  their  own  act.  They  even  refused  to  permit  a  member 
to  inquire  of  the  President's  accuser  what  were  the  specific 
charges  against  him.  Thus,  in  this  preliminary  accusation  of 
'  high  crimes  and  misdemeanors '  against  a  coordinate  branch  of 
the  Government,  under  the  impeaching  power,  the  House  refused 
to  hear  a  single  suggestion  even  in  regard  to  the  correct  mode 
of  proceeding,  but,  without  a  moment's  delay,  passed  the  accu 
satory  resolutions  under  the  pressure  of  the  previous  question. 
In  the  institution  of  a  prosecution  for  any  offence  against  the 
most  humble  citizen — and  I  claim  for  myself  no  greater  rights 
than  he  enjoys — the  Constitution  of  the  United  States,  and  of 
the  several  States,  require  that  he  shall  be  informed,  in  the  very 
beginning,  of  the  nature  and  cause  of  the  accusation  against 
him,  in  order  to  enable  him  to  prepare  for  his  defence.  There 
are  other  principles  which  I  might  enumerate,  not  less  sacred, 
presenting  an  impenetrable  shield  to  protect  every  citizen  falsely 
charged  with  a  criminal  offence.  These  have  been  violated  in 
the  prosecution  instituted  by  the  House  of  Representatives 
against  the  executive  branch  of  the  Government.  Shall  the 
President  alone  be  deprived  of  the  protection  of  these  great 
principles,  which  prevail  in  every  land  where  a  ray  of  liberty 
penetrates  the  gloom  of  despotism  ?  Shall  the  Executive  alone 
be  deprived  of  rights  which  all  his  fellow-citizens  enjoy  ?  The 
whole  proceeding  against  him  justifies  the  fears  of  those  wise 
and  great  men  who,  before  the  Constitution  was  adopted  by  the 
States,  apprehended  that  the  tendency  of  the  Government  was 
to  the  aggrandizement  of  the  legislative  at  the  expense  of  the 
executive  and  judicial  departments. 

"  I  again  declare,  emphatically,  that  I  make  this  protest  for 
no  reason  personal  to  myself ;  and  I  do  it  with  perfect  respect 
for  the  House  of  Representatives,  in  which  I  had  the  honor  of 
serving  as  a  member  for  five  successive  terms.  I  have  lived 
long  in  this  goodly  land,  and  have  enjoyed  all  the  offices  and 
honors  which  my  country  could  bestow.  Amid  all  the  political 
storms  through  which  I  have  passed,  the  present  is  the  first 


ON  THE  EVE  OF  THE  REBELLION.  247 

attempt  which  has  ever  been  made,  to  my  knowledge,  to  assail 
my  personal  or  official  integrity;  and  this  as  the  timers 
approaching  when  I  shall  voluntarily  retire  from  the  service  of 
my  country.  I  feel  proudly  conscious  that  there  is  no  public 
act  of  my  life  which  will  not  bear  the  strictest  scrutiny.  I  defy 
all  investigation.  Nothing  but  the  basest  perjury  can  sully  my 
good  name.  I  do  not  fear  even  this,  because  I  cherish  an  hum 
ble  confidence  that  the  Gracious  Being  who  has  hitherto 
defended  and  protected  me  against  the  shafts  of  falsehood  and 
malice  will  not  desert  me  now,  when  I  have  become  <  old  and 
gray-headed.'  I  can  declare,  before  God  and  my  country,  that 
no  human  being  (with  an  exception  scarcely  worthy  of  notice)  has, 
at  any  period  of  my  life,  dared  to  approach  me  with  a  corrupt 
or  dishonorable  proposition ;  and,  until  recent  developments,  it 
had  never  entered  into  my  imagination  that  any  person,  even  in 
the  storm  of  exasperated  political  excitement,  would  charge  me, 
in  the  most  remote  degree,  with  having  made  such  a  proposi 
tion  to  any  human  being.  I  may  now,  however,  exclaim,  in 
the  language  of  complaint  employed  by  my  first  and  greatest 
predecessor,  that  I  have  been  abused  c  in  such  exaggerated  and 
indecent  terms  as  could  scarcely  be  applied  to  a  Nero,  to  a 
notorious  defaulter,  or  even  to  a  common  pickpocket.' 

"  I  do,  therefore,  for  the  reasons  stated,  and  in  the  name  of 
the  people  of  the  several  States,  solemnly  protest  against  these 
proceedings  of  the  House  of  Representatives,  because  they  are 
in  violation  of  the  rights  of  the  coordinate  executive  branch 
of  the  Government,  and  subversive  of  its  constitutional  inde 
pendence  ;  because  they  are  calculated  to  foster  a  band  of  inter 
ested  parasites  and  informers,  ever  ready,  for  their  own  advan 
tage,  to  swear  before  exparte  committees  to  pretended  private 
conversations  between  the  President  and  themselves,  incapable, 
from  their  nature,  of  being  disproved,  thus  furnishing  material 
for  harassing  him,  degrading  him  in  the  eyes  of  the  country, 
and  eventually,  should  he  be  a  weak  or  a  timid  man,  rendering 
him  subservient  to  improper  influences,  in  order  to  avoid  such 
persecutions  and  annoyances ;  because  they  tend  to  destroy  that 
harmonious  action  for  the  common  good  which  ought  to  be 
maintained,  and  which  I  sincerely  desire  to  cherish  between 


24:8  ME.  BUCHANAN'S  ADMINISTRATION 

coordinate  branches  of  the  Government ;  and,  finally,  because, 
if*unresisted,  they  would  establish  a  precedent  dangerous  and 
embarrassing  to  all  my  successors,  to  whatever  political  party 
they  might  be  attached. 

"  JAMES  BUCHANAN. 

"WASHINGTON,  March  28^,  1860. " 

The  principles  maintained  in  this  message  found  no  favor 
with  the  majority  in  the  House.  It  was  referred  to  the  Com 
mittee  on  the  Judiciary,  of  which  Mr.  Hickman,  of  Pennsylvania, 
was  chairman.*  On  the  9th  of  April,  1861,  he  reported  resolu 
tions  from  the  majority  of  the  committee  in  opposition  to  its 
doctrines,  whilst  these  were  sustained  by  the  minority.  The 
majority  resolutions  were  adopted  by  the  House  on  the  8th  of 
June  following. f 

Meanwhile  the  Covode  Committee  continued  to  pursue  its 
secret  inquisitorial  examinations  until  the  16th  of  June,  1860, 
when  Mr.  Train,  one  of  its  members,  and  not  Mr.  Covode  the 
chairman,  made  a  report  from  the  majority,  accompanied  by  the 
mass  of  all  sorts  of  testimony  which  it  had  collected.^  The 
views  of  the  minority  were  presented  by  Mr.  "Win  slow  of  Korth 
Carolina,  now  no  more — a  man  possessing  every  estimable 
quality  both  of  head  and  of  heart,  and  one  who  had  enjoyed  the 
highest  honors  which  his  own  State  could  confer. 

The  committee,  though  it  had  been  engaged  for  three 
months  with  vindictive  zeal  and  perseverance  in  hunting  up  all 
sorts  of  testimony  against  the  President  and  members  of  his 
Cabinet,  yet  finally  shrunk  from  the  responsibility  of  reporting 
a  single  resolution  accusing  or  censuring  any  one  of  them.  In 
the  boundless  field  it  had  explored,  it  failed  to  discover  a  single 
point  on  which  it  could  venture  to  rest  any  such  resolution. 
This  surely  was  a  triumphant  result  for  the  President. 

We  refrain  from  now  portraying  the  proceedings  of  the  com 
mittee  in  their  true  light,  because  this  has  already  been  suffi 
ciently  done  by  the  message  of  the  President  to  the  House  of  the 
28th  June,  1860,  of  which  we  insert  a  copy  from  the  Journal.  § 

*  House  Journal,  pp.  622,  699.  t  Ibid.,  p.  1014. 

J  Ibid.,  p.  1114.  §  Ibid.,  p.  1218. 


ON   THE   EVE   OF   THE   REBELLION.  249 

"  To  THE  HOUSE  OF  REPRESENTATIVES  : 

"  In  my  message  to  the  House  of  Representatives  of  the 
28th  March  last,  I  solemnly  protested  against  the  creation  of  a 
committee,  at  the  head  of  which  was  placed  my  accuser,  for  the 
purpose  of  investigating  whether  the  President  had  *  by  money, 
patronage,  or  other  improper  means,  sought  to  influence  the 
action  of  Congress,  or  any  committee  thereof,  for  or  against  the 
passage  of  any  law  appertaining  to  the  rights  of  any  State  or 
Territory.'  I  protested  against  this  because  it  was  destitute  of 
any  specification ;  because  it  referred  to  no  particular  act  to 
enable  the  President  to  prepare  for  his  defence ;  because  it  de 
prived  him  of  the  constitutional  guards  which,  in  common  with 
every  citizen  of  the  United  States,  he  possesses  for  his  protec 
tion  ;  and  because  it  assailed  his  constitutional  independence  as  a 
coordinate  branch  of  the  Government.  There  is  an  enlightened 
justice,  as  well  as  a  beautiful  symmetry,  in  every  part  of  the 
Constitution.  This  is  conspicuously  manifested  in  regard  to 
impeachments.  The  House  of  Representatives  possesses  '  the 
sole  power  of  impeachment ; '  the  Senate  '  the  sole  power  to  try 
all  impeachments ; '  and  the  impeachable  offences  are  i  treason, 
bribery,  or  other  high  crimes  or  misdemeanors.'  The  practice 
of  the  House,  from  the  earliest  times,  had  been  in  accordance 
with  its  own  dignity,  the  rights  of  the  accused,  and  the  demands 
of  justice.  At  the  commencement  of  each  judicial  investiga 
tion  which  might  lead  to  an  impeachment,  specific  charges  were 
always  preferred ;  the  accused  had  an  opportunity  of  cross- 
examining  the  witnesses,  and  he  was  placed  in  full  possession  of 
the  precise  nature  of  the  onence  which  he  had  to  meet.  An 
impartial  and  elevated  standing  committee  was  charged  with 
this  investigation,  upon  which  no  member  inspired  with  the  an 
cient  sense  of  honor  and  justice  would  have  served,  had  he  ever 
expressed  an  opinion  against  the  accused.  Until  the  present 
occasion  it  was  never  deemed  proper  to  transform  the  accuser 
into  the  judge,  .and  to  confer  upon  him  the  selection  of  his  own 
committee. 

"  The  charges  made  against  me,  in  vague  and  general  terms^ 
were  of  such  a  false  and  atrocious  character  that  I  did  not  en 
tertain  a,  moment's  apprehension  for  the  result.  They  were  ab- 


250 

horrent  to  every  principle  instilled  into  me  from  my  youth,  and 
every  practice  of  my  life,  and  I  did  not  believe  it  possible  that 
the  man  existed  who  would  so  basely  perjure  himself  as  to  swear 
to  the  truth  of  any  such  accusations.  In  this  conviction  I  am 
informed  I  have  not  been  mistaken.  In  my  former  protest, 
therefore,  I  truly  and  emphatically  declared  that  it  was  made 
for  no  reason  personal  to  myself,  but  because  the  proceedings  of 
the  House  were  in  violation  of  the  rights  of  the  coordinate  ex 
ecutive  branch  of  the  Government,  subversive  of  its  constitu 
tional  independence,  and,  if  unresisted,  would  establish  a  pre 
cedent  dangerous  and  embarrassing  to  all  my  successors.  Not 
withstanding  all  this,  if  the  committee  had  not  transcended  the 
authority  conferred  upon  it  by  the  resolution  of  the  House  of 
Representatives,  broad  and  general  as  this  was,  I  should  have 
remained  silent  upon  the  subject.  "What  I  now  charge  is,  that 
they  have  acted  as  tho  ughthey  possessed  unlimited  power,  and, 
without  any  warrant  whatever  in  the  resolution  under  which 
they  were  appointed,  have  pursued  a  course  not  merely  at  war 
with  the  constitutional  rights  of  the  Executive,  but  tending  to 
degrade  the  presidential  office  itself  to  such  a  degree  as  to  ren 
der  it  unworthy  of  the  acceptance  of  any  man  of  honor  or  prin 
ciple. 

"  The  resolution  of  the  House,  so  far  as  it  is  accusatory  of 
the  President,  is  confined  to  an  inquiry  whether  he  had  used 
corrupt  or  improper  means  to  influence  the  action  of  Congress 
or  any  of  its  committees  on  legislative  measures  pending  before 
them.  Nothing  more,  nothing  less.  I  have  not  learned  through 
the  newspapers,  or  in  any  other  mode,  that  the  committee  have 
touched  the  other  accusatory  branch  of  the  resolution,  charging 
the  President  with  a  violation  of  duty  in  failing  to  execute  some 
law  or  laws.  This  branch  of  the  resolution  is  therefore  out  of 
the  question.  By  what  authority,  then,  have  the  committee 
undertaken  to  investigate  the  course  of  the  President  in  regard 
to  the  Convention  which  framed  the  Lecompton  Constitution  ? 
By  what  authority  have  they  undertaken  to  pry  into  our  foreign 
relations,  for  the  purpose  of  assailing  him  on  account  of  the  in 
structions  given  by  the  Secretary  of  State  to  our  Minister  in 
Mexico,  relative  to  the  Tehuantepec  route  ?  By  what  authority 


ON  THE  EVE  OF  THE  REBELLION.  251 

have  they  inquired  into  the  causes  of  removal  from  office,  and 
this  from  the  parties  themselves  removed,  with  a  view  to  preju 
dice  his  character,  notwithstanding  this  power  of  removal  be 
longs  exclusively  to  the  President  under  the  Constitution,  was 
so  decided  by  the  first  Congress  in  the  year  1789,  and  has  ac 
cordingly  ever  since  been  exercised  ?  There  is  m  the  resolution 
no  pretext  of  authority  for  the  committee  to  investigate  the 
question  of  the  printing  of  the  post-office  blanks,  nor  is  it  to  be 
supposed  that  the  House,  if  asked,  would  have  granted  such  an 
authority,  because  this  question*  had  been  previously  committed 
to  two  other  committees— one  in  the  Senate  and  the  other  in  the 
House..  Notwithstanding  this  absolute  want  of  power,  the  com 
mittee  rushed  into  this  investigation  in  advance*  of  all  other 
subjects. 

"  The  committee  proceeded  for  months,  from  March  22d; 
1860,  to  examine  ex  parte,  and  without  any  notice  to  myself, 
into  every  subject  which  could  possibly  affect  my  character. 
Interested  and  vindictive  witnesses  were  summoned  and  exam 
ined  before  them ;  and  the  first  and  only  information  of  their 
testimony  which,  in  almost  every  instance,  I  received,  was  ob 
tained  from  the  publication  of  such  portions  of  it  as  could  inju 
riously  affect  myself,  in  the  E"ew  York  journals.  It  mattered 
not  that  these  statements  were,  so  far  as  I  have  learned,  dis 
proved  by  the  most  respectable  witnesses  who  happened  to  be 
on  the  spot.  The  telegraph  was  silent  respecting  these  contra 
dictions.  It  was  a  secret  committee  in  regard  to  the  testimony 
in  my  defence,  but  it  was  public  in  regard  to  all  the  testimony 
which  could  by  possibility  reflect  on  my  character.  The  poison 
was  left  to  produce  its  effect  upon  the  public  mind,  whilst  the 
antidote  was  carefully  withheld. 

"  In  their  examinations  the  committee  violated  the  most 
sacred  and  honorable  confidences  existing  among  men.  Private 
correspondence,  which  a  truly  honorable  man  would  never  even 
entertain  a  distant  thought  of  divulging,  was  dragged  to  light. 
Different  persons  in  official  and  confidential  relations  with  my 
self,  and  with  whom  it  was  supposed  I  might  have  held  conver 
sations,  the  revelation  of  which  would  do  me  injury,  were  exam 
ined.  Even  members  of  the  Senate  and  members  of  my  own 


252  MR.  BUCHANAN'S  ADMINISTRATION 

Cabinet,  both  my  constitutional  advisers,  were  called  upon  to 
testify,  for  the  purpose  of  discovering  something,  if  possible,  to 
my  discredit. 

"  The  distribution  of  the  patronage  of  the  Government  is 
by  far  the  most  disagreeable  duty  of  the  President.  Applicants 
are  so  numerous,  and  their  applications  are  pressed  with  such 
eagerness  by  their  friends  both  in  and  out  of  Congress,  that  the 
selection  of  one  for  any  desirable  office  gives  offence  to  many. 
Disappointed  applicants,  removed  officers,  and  those  who  for 
any  cause,  real  or  imaginary,  had  become  hostile  to  the  admin 
istration,  presented  themselves,  or  were  invited  by  a  summons 
to  appear  before  the  committee.  These  are  the  most  dangerous 
witnesses.  Even  with  the  best  intentions,  they  are  so  influenced 
by  prejudice  and  disappointment,  that  they  almost  inevitably 
discolor  truth.  They  swear  to  their  own  version  of  private  con 
versations  with  the  President  without  the  possibility  of  contra 
diction.  His  lips  are  sealed  and  he  is  left  at  their  mercy.  He 
cannot,  as  a  coordinate  branch  of  the  Government,  appear  before 
a  committee  of  investigation  to  contradict  the  oaths  of  such 
witnesses.  Every  coward  knows  that  he  can  employ  insulting 
language  against  the  President  with  impunity,  and  every  false 
or  prejudiced  witness  can  attempt  to  swear  away  his  character 
before  such  a  committee  without  the  fear  of  contradiction. 

"  Thus  for  months,  whilst  doing  my  best  at  one  end  of  the 
avenue  to  perform  my  high  and  responsible  duties  to  the  coun 
try,  has  there  been  a  committee  of  the  House  of  Representatives 
in  session  at  the  other  end  of  the  avenue,  spreading  a  drag-net, 
without  the  shadow  of  authority  from  the  House,  over  the  whole 
Union,  to  catch  any  disappointed  man  willing  to  malign  my 
character,  and  all  this  in  secret  conclave.  The  lion's  mouth  at 
Venice,  into  which  secret  denunciations  were  dropped,  is  an  apt 
illustration  of  the  Covode  Committee.  The  Star  Chamber, 
tyrannical  and  odious  as  it  was,  never  proceeded  in  such  a  man 
ner.  For  centuries  there  has  been  nothing  like  it  in  any  civil 
ized  country,  except  the  revolutionary  tribunal  of  France,  in  the 
days  of  Robespierre.  Now,  I  undertake  to  state  and  to  prove 
that  should  the  proceedings  of  the  committee  be  sanctioned  by 
the  House,  and  become  a  precedent  for  future  times,  the  balance 


ON  THE  EVE  OF  THE  REBELLION.  253 

of  the  Constitution  will  be  entirely  upset,  and  there  will  no  long 
er  remain  the  three  coordinate  and  independent  branches  of 
the  Government — legislative,  executive,  and  judicial.  The 
worst  fears  of  the  patriots  and  statesmen  who  framed  the  Con 
stitution  in  regard  to  the  usurpations  of  the  legislative  on  the 
executive  and  judicial  branches  will  then  be  realized.  In  the 
language  of  Mr.  Madison,  speaking  on  this  very  subject,  in  the 
forty-eighth  number  of  the  <  Federalist : '  £  In  a  representative 
republic,  where  the  executive  magistracy  is  carefully  limited 
both  in  the  extent  and  duration  of  its  power,  and  where  the 
legislative  power  is  exercised  by  an  assembly  which  is  inspired, 
by  a  supposed  influence  over  the  people,  with  an  intrepid  confi 
dence  in  its  own  strength,  which  is  sufficiently  numerous  to  feel 
all  the  passions  which  actuate  a  multitude,  yet  not  so  numerous 
as  to  be  incapable  of  pursuing  the  objects  of  its  passions  by 
means  which  reason  prescribes,  it  is  against  the  enterprising 
ambition  of  this  department  that  the  people  ought  to  indulge 
all  their  jealousy  and  exhaust  all  their  precautions.'  And  in 
the  expressive  and  pointed  language  of  Mr.  Jefferson,  when 
speaking  of  the  tendency  of  the  legislative  branch  of  Govern 
ment  to  usurp  the  rights  of  the  weaker  branches :  '  The  concen 
trating  these  in  the  same  hands  is  precisely  the  definition  of  des 
potic  government.  It  will  be  no  alleviation  that  these  powers 
will  be  exercised  by  a  plurality  of  hands,  and  not  by  a  single 
one.  One  hundred  and  seventy-three  despots  would  surely  be 
as  oppressive  as  one.  Let  those  who  doubt  it  turn  their  eyes  on 
the  Republic  of  Venice.  As  little  will  it  avail  us  that  they  are 
chosen  by  ourselves.  An  elective  despotism  was  not  the  gov 
ernment  we  fought  for,  but  one  which  should  not  only  be 
founded  on  free  principles,  but  in  which  the  powers  of  govern 
ment  should  be  so  divided  and  balanced  among  several  bodies 
of  magistracy,  as  that  no  one  could  transcend  their  legal  limits 
without  being  effectually  checked  and  controlled  by  the  others.' 
"  Should  the  proceedings  of  the  Covode  Committee  become 
a  precedent,  both  the  letter  and  spirit  of  the  Constitution  will 
be  violated.  One  of  the  three  massive  columns  on  which  the 
whole  superstructure  rests  will  be  broken  down.  Instead -of  the 
executive  being  a  coordinate,  it  will  become  a  subordinate 


254  ME.  BUCHANAN'S  ADMINISTRATION 

brancli  of  the  Government.  The  presidential  office  will  be 
dragged  into  the  dust.  The  House  of  Kepresentatives  will 
then  have  rendered  the  Executive  almost  necessarily  subservient 
to  its  wishes,  instead  of  being  independent.  How  is  it  possible 
that  two  powers  in  the  State  can  be  coordinate  and  independent 
of  each  other,  if  the  one  claims  and  exercises  the  power  to 
reprove  and  to  censure  all  the  official  acts  and  all  the  private 
conversations  of  the  other,  and  this  upon  ex  parte  testimony 
before  a  secret  inquisitorial  committee — in  short,  to  assume  a 
general  censorship  over  the  others  ?  The  idea  is  as  absurd  in 
public  as  it  would  be  in  private  life.  Should  the  President 
attempt  to  assert  and  maintain  his  own  independence,  future 
Covode  Committees  may  dragoon  him  into  submission  by 
collecting  the  hosts  of  disappointed  office-hunters,  removed  offi 
cers,  and  those  who  desire  to  live  upon  the  public  treasury, 
which  must  follow  in  the  wake  of  every  administration,  and 
they,  in  secret  conclave,  will  swear  away  his  reputation.  Under 
such  circumstances,  he  must  be  a  very  bold  man  should  he  not 
surrender  at  discretion  and  consent  to  exercise  his  authority  ac 
cording  to  the  will  of  those  invested  with  this  terrific  power. 
The  sovereign  people  of  the  several  States  have  elected  him  to 
the  highest  and  most  honorable  office  in  the  world.  He  is 
their  only  direct  representative  in  the  Government.  By  their 
Constitution  they  have  made  him  commander-in-chief  of  their 
army  and  navy.  He  represents  them  in  their  intercourse  with 
foreign  nations.  Clothed  with  their  dignity  and  authority,  he 
occupies  a  proud  position  before  all  nations,  civilized  and  sav 
age.  "With  the  consent  of  the  Senate,  he  appoints  all  the  im 
portant  officers  of  the  Government.  He  exercises  the  veto 
power,  and  to  that  extent  controls  the  legislation  of  Congress. 
For  the  performance  of  these  high  duties  he  is  responsible  to 
the  people  of  the  several  States,  and  not  in  any  degree  to  the 
House  of  Eepresentatives. 

"  Shall  he  surrender  these  high  powers,  conferred  upon  him 
as  the  representative  of  the  American  people,  for  their  benefit,  to 
the  House,  to  be  exercised  under  their  overshadowing  influence 
and  control?  Shall  he  alone  of  all  the  citizens  of  the  United 
States  be  denied  a  fair  trial  ?  Shall  he  alone  not  be  6  informed 


ON  THE  EVE  OF  THE  REBELLION.  255 

of  the  nature  and  cause  of  the  accusation '  against  him  ?  Shall 
he  alone  not  'be  confronted  with  the  witnesses'  against  him? 
Shall  the  House  of  Representatives,  usurping  the  powers  of  the 
Senate,  proceed  to  try  the  President,  through  the  agency  of  a 
secret  committee  of  the  body  where  it  is  impossible  he  can 
make  any  defence,  and  then,  without  affording  him  an  oppor 
tunity  of  being  heard,  pronounce  a  judgment  of  censure  against 
him  ?  The  very  same  rule  might  be  applied,  for  the  very  same 
reason,  to  every  judge  of  every  court  of  the  United  States. 
From  what  part  of  the  Constitution  is  this  terrible  secret  inquisi 
torial  power  derived?  ISTo  such  express  power  exists.  From 
which  of  the  enumerated  powers  can  it  be  inferred?  It  is 
true  the  House  cannot  pronounce  the  formal  judgment  against 
him  of  i  removal  from  office,'  but  they  can,  by  their  judgment 
of  censure,  asperse  his  reputation,  and  thus,  to  the  extent  of 
their  influence,  render  the  office  contemptible.  An  example  is 
at  hand  of  the  reckless  manner  in  which  this  power  of  censure 
can  be  employed  in  high  party  times.  The  House,  on  a  recent 
occasion,  have  attempted  to  degrade  the  President  by  adopting 
the  resolution  of  Mr.  John  Sherman,  declaring  that  he,  in  con 
junction  with  the  Secretary  of  the  Navy, 6  by  receiving  and  con 
sidering  the  party  relations  of  bidders  for  contracts,  and  the 
effect  of  awarding  contracts  upon  pending  elections,  have  set  an 
example  dangerous  to  the  public  safety,  and  deserving  the  re 
proof  of  this  House.' 

"  It  will  scarcely  be  credited  that  the  sole  pretext  for  this 
vote  of  censure  was  the  simple  fact  that  in  disposing  of  the 
numerous  letters  of  every  imaginable  character  which  I  daily 
receive,  I  had,  in  the  usual  course  of  business,  referred  a  letter 
from  Colonel  Patterson,  of  Philadelphia,  in  relation  to  a  con 
tract,  to  the  attention  of  the  Secretary  of  the  Navy,  the  head  of 
the  appropriate  department,  without  expressing  or  intimating 
any  opinion  whatever  on  the  subject ;  and  to  make  the  matter, 
if  possible,  still  plainer,  the  Secretary  had  informed  the  com 
mittee  that  '  the  President  did  not  in  any  manner  interfere  in 
this  case,  nor  has  he  in  any  other  case  of  contract  since  1  have 
been  in  the  department?  The  absence  of  all  proof  to  sustain 
this  attempt  to  degrade  the  President,  whilst  it  manifests  the 
17 


256  ME.  BUCHANAN'S  ADMINISTRATION 

venom  of  the  shaft  aimed  at  him,  has  destroyed  the  vigor  of 
the  bow. 

"  To  return,  after  this  digression.  Should  the  House,  by  the 
institution  of  Covode  committees,  votes  of  censure,  and  other 
devices  to  harass  the  President,  reduce  him  to  subservience  to 
their  will,  and  render  him  their  creature,  then  the  well-balanced 
Government  which  our  fathers  framed  will  be  annihilated.  This 
conflict  has  already  been  commenced  in  earnest  by  the  House 
against  the  Executive.  A  bad  precedent  rarely  if  ever  dies. 
It  will,  I  fear,  be  pursued  in  the  time  of  my  successors,  no  mat 
ter  what  may  be  their  political  character.  Should  secret  com 
mittees  be  appointed  with  unlimited  authority  to  range  over  all 
the  words  and  actions,  and,  if  possible,  the  very  thoughts  of  the 
President,  with  a  view  to  discover  something  in  his  past  life 
prejudicial  to  his  character,  from  parasites  and  informers,  this 
would  be  an  ordeal  which  scarcely  any  mere  man  since  the  fall 
could  endure.  It  would  be  to  subject  him  to  a  reign  of  terror 
from  which  the  stoutest  and  purest  heart  might  shrink.  I  have 
passed  triumphantly  through  this  ordeal.  My  vindication  is 
complete.  The  committee  have  reported  no  resolution  looking 
to  an  impeachment  against  me ;  no  resolution  of  censure ;  not 
even  a  resolution  pointing  out  any  abuses  in  any  of  the  execu 
tive  departments  of  the  Government  to  be  corrected  by  legis 
lation.  This  is  the  highest  commendation  which  could  be  be 
stowed  on  the  heads  of  these  departments.  The  sovereign  peo 
ple  of  the  States  will,  however,  I  trust,  save  my  successors,  who 
ever  they  may  be,  from  any  such  ordeal.  They  are  frank,  bold, 
and  honest.  They  detest  delators  and  informers.  I  therefore, 
in  the  name  and  as  the  representative  of  this  great  people,  and 
standing  upon  the  ramparts  of  the  Constitution  which  they 
1  have  ordained  and  established,'  do  solemnly  protest  against 
these  unprecedented  and  unconstitutional  proceedings. 

"  There  was  still  another  committee  raised  by  the  House  on 
the  6th  March  last,  on  motion  of  Mr.  Hoard,  to  which  I  had 
not  the  slightest  objection.  The  resolution  creating  it  was  con 
fined  to  specific  charges,  which  I  have  ever  since  been  ready  and 
willing  to  meet.  I  have  at  all  times  invited  and  defied  fair  in 
vestigation  upon  constitutional  principles.  I  have  received 


ON  THE  EVE  OF  THE  REBELLION.  257 

no  notice  that  this  committee  have  ever  proceeded  to  the  inves 
tigation. 

"  Why  should  the  House  of  Representatives  desire  to  en 
croach  on  the  other  departments  of  the  Government  ?  Their 
rightful  powers  are  ample  for  every  legitimate  purpose.  They 
are  the  impeaching  body.  In  their  legislative  capacity  it  is 
their  most  wise  and  wholesome  prerogative  to  institute  rigid 
examinations  into  the  manner  in  which  all  departments  of  the 
Government  are  conducted,  with  a  view  to  reform  abuses,  to 
promote  economy,  and  to  improve  every  branch  of  administra 
tion.  Should  they  find  reason  to  believe,  in  the  course  of  their 
examinations,  that  any  grave  offence  had  been  committed  by 
the  President  or  any  officer  of  the  Government,  rendering  it 
proper,  in  their  judgment,  to  resort  to  impeachment,  their  course 
would  be  plain.  They  would  then  transfer  the  question  from 
-their  legislative  to  their  accusatory  jurisdiction,  and  take  care 
that  in  all  the  preliminary  judicial  proceedings,  preparatory  to 
the  vote  of  articles  of  impeachment,  the  accused  should  enjoy 
the  benefit  of  cross-examining  the  witnesses,  and  all  the  other 
safeguards  with  which  the  Constitution  surrounds  every  Ameri 
can  citizen. 

"  If,  in  a  legislative  investigation,  it  should  appear  that  the 
public  interest  required  the  removal  of  any  officer  of  the  Gov 
ernment,  no  President  has  ever  existed  who,  after  giving  him  a 
fair  hearing,  would  hesitate  to  apply  the  remedy.  This  I  take 
to  be  the  ancient  and  well-established  practice.  An  adherence 
to  it  will  best  promote  the  harmony  and  the  dignity  of  the  in 
tercourse  between  the  coordinate  branches  of  the  Government, 
and  render  us  all  more  respectable  both  in  the  eyes  of  our  own 
countrymen  and  of  foreign  nations. 

"JAMES  BUCHANAN. 

' 

"WASHINGTON,  June  22,  1860." 

On  the  reading  of  this  message  it  was,  on  motion  of  Mr. 
Benjamin  Stanton,  of  Ohio,  referred  to  a  select  committee,  con 
sisting  of  himself,  Mr.  Curry,  Mr.  Charles  F.  Adams,  Mr.  Sedg- 
wick,  and  Mr.  Pryor,  which  was  instructed  to  report  to  the 
House  at  the  next  session.  ISTo  report  was  ever  made.  Thus 
ended  the  Covode  Committee. 


258  ME.  BUCHANAN'S  ADMINISTRATION 


CHAPTEE    XIII. 

The  successful  foreign  policy  of  the  administration  with  Spain,  Great  Britain,  China, 
and  Paraguay — Condition  of  the  Mexican  Republic ;  and  the  recommendations  to 
Congress  thereupon  not  regarded,  and  the  effect — The  origin,  history,  and  nature 
of  the  "Monroe  Doctrine" — The  treaty  with  Mexico  not  ratified  by  the  Senate, 
and  the  consequences. 

THE  administration  of  Mr.  Buchanan,  in  conducting  our 
foreign  affairs,  met  with  great  and  uncommon  success. 

SPAIN. 

Our  relations  with  Spain  were  in  a  very  unsatisfactory  con 
dition  on  his  accession  to  power.  Our  flag  had  been  insulted, 
and  numerous  injuries  had  been  inflicted  on  the  persons  and 
property  of  American  citizens  by  Spanish  officials  acting  un 
der  the  direct  control  of  the  Captain  General  of  Cuba.  These 
gave  rise  to  many  but  unavailing  reclamations  for  redress  and 
indemnity  against  the  Spanish  Government.  Our  successive 
ministers  at  Madrid  had  for  years  ably  presented  and  enforced 
these  claims,  but  all  without  effect.  Their  efforts  were  contin 
ually  baffled  on  different  pretexts.  There  was  a  class  of  these 
claims  called  the  "  Cuban  claims,"  of  a  nature  so  plainly  just 
that  they  could  not  be  gainsayed.  In  these  more  than  one  hun 
dred  of  our  citizens  were  directly  interested.  In  1844  duties 
had  been  illegally  exacted  from  their  vessels  at  different  custom 
houses  in  Cuba,  and  they  appealed  to  their  Government  to  have 
these  duties  refunded.  Their  amount  could  be  easily  ascertained 
by  the  Cuban  officials  themselves,  who  were  in  possession  of  all 
the  necessary  documents.  The  validity  of  these  claims  was 


ON  THE  EVE  OF  THE  REBELLION.  259 

eventually  recognized  by  Spain,  but  not  until  after  a  delay  of 
ten  years.  The  amount  due  was  fixed,  according  to  her  own 
statement,  with  which  the  claimants  were  satisfied,  at  the  sum 
of  $128,635.54.  Just  at  the  moment  when  the  claimants  were 
expecting  to  receive  this  amount  without  further  delay,  the 
Spanish  Government  proposed  to  pay,  not  the  whole,  but  only 
one-third  of  it,  and  this  provided  we  should  accept  it  in  full 
satisfaction  of  the  entire  claim.  They  added  that  this  offer  was 
made,  not  in  strict  justice,  but  as  a  special  favor. 

Under  these  circumstances,  the  time  had  arrived  when  the 
President  deemed  it  his  duty  to  employ  strong  and  vigorous 
remonstrances  to  bring  all  our  claims  against  Spain  to  a  satis 
factory  conclusion.  In  this  he  succeeded  in  a  manner  gratify 
ing  to  himself,  and  it  is  believed  to  all  the  claimants,  but  unfortu 
nately  not  to  the  Senate  of  the  United  States.  A  convention 
was  concluded  at  Madrid  on  the  5th  March,  1860,  establishing 
a  joint  commission  for  the  final  adjudication  and  payment  of  all 
the  claims  of  the  respective  parties.  By  this  the  validity  and 
amount  of  the  Cuban  claims  were  expressly  admitted,  and  their 
speedy  payment  was  placed  beyond  question.  The  convention 
was  transmitted  to  the  Senate  for  their  constitutional  action  on 
the  3d  May,  1860,  but  on  the  27th  June  they  determined,  greatly 
to  the  surprise  of  the  President,  and  the  disappointment  of  the 
claimants,  that  they  would  "  not  advise  and  consent "  to  its  rat 
ification. 

The  reason  for  this  decision,  because  made  in  executive  ses 
sion,  cannot  be  positively  known.  This,  as  stated  and  believed 
at  the  time,  was  because  the  convention  had  authorized  the  Span 
ish  Government  to  present  its  Amistad  claim,  like  any  other 
claim,  before  the  Board  of  Commissioners  for  decision.  This 
claim,  it  will  be  recollected,  was  for  the  payment  to  the  Spanish 
owners  of  the  value  of  certain  slaves,  for  which  the  Spanish 
Government  held  the  United  States  to  be  responsible  under  the 
treaty  with  Spain  of  the  27th  October,  1795.  Such  was  the 
evidence  in  its  favor,  that  three  Presidents  of  the  United  States 
had  recommended  to  Congress  to  make  an  appropriation  for  its 
payment,  and  a  bill  for  this  purpose  had  passed  the  Senate. 
The  validity  of  the  claim,  it  is  proper  to  observe,  was  not  rec- 


ME.    BUCHANAN'S   ADMINISTRATION 

ognized  by  the  convention.  In  this  respect  it  was  placed  on 
the  same  footing  with  all  the  other  claims  of  the  parties,  with 
the  exception  of  the  Cuban  claims.  All  the  Spanish  Govern 
ment  obtained  for  it  was  simply  a  hearing  before  the  Board,  and 
this  could  not  be  denied  with  any  show  of  impartiality.  Be 
sides,  it  is  quite  certain  that  no  convention  could  have  been 
concluded  without  such  a  provision. 

It  was  most  probably  the  extreme  views  of  the  Senate  at  the 
time  against  slavery,  and  their  reluctance  to  recognize  it  even  so 
far  as  to  permit  a  foreign  claimant,  although  under  the  sanction 
of  a  treaty,  to  raise  a  question  before  the  Board  which  might 
involve  its  existence,  that  caused  the  rejection  of  the  conven 
tion.  Under  the  impulse  of  such  sentiments,  the  claims  of  our 
fellow-citizens  have  been  postponed  if  not  finally  defeated.  In 
deed,  the  Cuban  claimants,  learning  that  the  objections  in  the 
Senate  arose  from  the  Amistad  claim,  made  a  formal  offer  to 
remove  the  difficulty  by  deducting  its  amount  from  the  sum  due 
to  them,  but  this  of  course  could  not  be  accepted. 

GBEAT     BEITAIN. 

With  Great  Britain  our  relations  were  in  a  most  unsatisfac 
tory  condition  at  the  commencement  of  Mr.  Buchanan's  admin 
istration.  Two  irritating  and  dangerous  questions  were  pend 
ing  between  them,  either  of  which  might  at  any  moment  have 
involve^  them  in  war.  The  first  arose  out  of  her  claim  to  a 
protectorate  over  the  Mosquito  Coast,  and  her  establishment  of 
a  colonial  government  over  the  Bay  Islands,  which  territories 
belonged  respectively  to  the  feeble  Central  American  Eepublics 
of  Nicaragua  and  Honduras.  These  acts  of  usurpation  on  the 
part  of  the  British  Government  were  in  direct  violation  of  the 
Monroe  doctrine,  which  has  been  so  wisely  and  strenuously 
maintained  by  our  Government  ever  since  it  was  announced. 
It  was  believed  that  the  Clayton  and  Bulwer  treaty,  concluded 
in  April,  1850,  under  the  administration  of  General  Taylor, 
had  settled  these  questions  in  favor  of  the  "United  States,  and 
that  Great  Britain  would  withdraAV  from  the  territories  of 
Nicaragua  and  Honduras.  But  not  so.  She  still  persisted  in 


ON  THE  EVE  OF  THE  REBELLION.  261 

holding  them.  She  even  contended  that  the  treaty  only  pro 
hibited  her  from  making  future  acquisitions  in  Central  America, 
and  by  inference  admitted  the  right  to  hold  all  her  then  ex 
isting  possessions.  The  true  construction  of  this  treaty  was  the 
subject  of  a  prolonged  correspondence  between  Mr.  Buchanan 
while  Minister  in  London  and  the  British  Government.  This 
produced  no  effect  at  the  time.  After  he  became  President, 
however,  the  question  was  amicably  and  honorably  settled,  under 
his  advice  and  approbation,  by  treaties  between  Great  Britain 
and  the  two  Central  American  States,  in  accordance  with  our 
construction  of  the  Clayton  and  Bulwer  treaty. 

Great  Britain,  both  before  and  after  the  war  of  1812,  had 
persistently  claimed  the  right  of  search.  Her  exercise  of  this 
right  in  the  spring  of  1858  had  nearly  involved  the  two  coun 
tries  in  war.  The  American  people  have  ever  been  peculiarly 
sensitive  against  any  attempt,  from  whatever  power,  to  invade 
the  freedom  of  the  seas.  This  their  whole  history  attests  from 
the  days  of  the  Revolution.  The  question  was  now  brought  to 
direct  issue  by  the  British  Government,  from  which  there  could 
be  no  escape.  At  this  period  she  despatched  a  number  of 
small  armed  vessels,  which  had  been  employed  in  the  Crimean 
war,  to  the  coast  of  Cuba  and  the  Gulf  of  Mexico,  with  instruc 
tions- to  search  American  merchantmen  whom  they  might  sus 
pect  as  slave-traders.  These  waters  are  traversed  by  a  large 
portion  of  our  navigation,  and  their  free  and  uninterrupted  use 
is  essential  to  the  security  of  our  coastwise  trade  between  the 
different  States.  This  was  all  placed  at  the  mercy  of  the  junior 
officers  in  command  of  these  small  vessels.  They  proceeded  at 
once  to  execute  their  orders.  They  forcibly  boarded  and 
searched  numerous  American  vessels,  and  this  often,  as  might 
have  been  expected,  in  a  rude  and  offensive  manner.  Day 
after  day  reports  of  these  violent  proceedings  succeeded  each 
other,  and  produced  general  indignation  throughout  the  coun 
try.  The  call  of  the  people  was  loud  for  immediate  redress. 
The  President  remonstrated  to  the  British  Government  against 
these  deliberate  violations  of  our  national  sovereignty,  but  judg 
ing  from  the  experience  of  the  past,  this  would  have  proved 
unavailing.  It  had  become  necessary  to  resist  force  by  force. 


262  ME.  BUCHANAN'S  ADMINISTRATION 

Without  awaiting  the  action  of  Congress,  he  assumed  this  respon 
sibility,  which  he  thought  the  exigency  demanded  and  would 
j  ustify .  He  accordingly  ordered  every  ship  of  war  within  reach  to 
the  Gulf,  with  instructions  from  the  Secretary  of  the  Navy  "  to 
protect  all  vessels  of  the  United  States  on  the  high  seas  from 
search  or  detention  by  the  vessels  of  war  of  any  other  nation." 
This  decisive  measure  received  the  unqualified  and  enthusiastic 
approbation  of  the  American  people,  and  the  Senate,  though 
somewhat  tardily,  approved  it  by  an  unanimous  vote.*  Had  an 
attempt  been  afterwards  made  to  search  any  of  our  vessels,  this 
would  have  been  resisted  by  force;  a  collision  between  the 
armed  vessels  of  the  two  powers,  acting  under  the  authority  of 
each,  would  have  occurred,  and  this  would  have  been  the  com 
mencement  of  hostilities. 

But  fortunately  no  collision  took  place.  The  British  Gov 
ernment  became  sensible  they  were  in  the  wrong,  and  at  once 
recalled  the  orders  under  which  their  commanders  had  acted. 
They  did  far  more.  They  abandoned  their  claim  to  the  right  of 
search,  for  which  they  had  so  long  contended,  and  recognized 
the  validity  of  the  principle  of  international  law  in  favor  of  the 
freedom  of  the  seas,  always  maintained  by  our  own  Government. 
Thus  have  vessels  of  the  United  States  been  forever  secured 
from  visitation  and  search  by  British  cruisers,  in  time  of  peace, 
under  any  circumstances  whatever. 

In  this  satisfactory  manner  was  the  long  controversy  be 
tween  the  two  Governments  finally  settled.  We  deem  it  proper 
here  to  insert  an  extract  from  the  annual  report  of  the  Secre 
tary  of  the  Navy  (Mr.  Toucey),  to  the  President,  of  the  6th  De 
cember,  1858,f  in  which  he  states  the  action  of  his  Department 
in  carrying  into  effect  the  instructions  of  the  President.  The 
Secretary  says  :  "  The  force  sent  into  the  neighborhood  of  Cuba 
to  resist  the  exercise  of  the  right  of  search  by  British  cruisers, 
consisted  of  the  steam  frigates  Wabash  and  Colorado ;  the  sloops 
of  war  Macedonian,  Constellation,  Jamestown,  Saratoga,  and 
Plymouth  ;  the  steamers  Water  Witch,  Arctic,  Fulton,  and  De 
spatch,  and  the  brig  Dolphin  comprising  the  Mediterranean 
squadron  under  Flag  Officer  Lavallette,  the  home  squadron 

*  Congressional  Globe,  p.  8061.          t  Senate  Documents,  vol.  iv.,  p.  3. 


ON  THE  EVE  OF  THE  BEBELLION.  263 

under  Flag  Officer  Mclntosh,  and  such  other  vessels  as  were 
sent  out  specially  for  the  purpose.  They  were  all  deemed  ef 
fective  for  the  object  for  which  they  were  sent,  because  in  the 
execution  of  their  mission  no  one  of  them  would  have  hesitated 
to  resist  a  ship  of  the  largest  class.  They  were  instructed  to 
protect  all  vessels  of  the  United  States  against  the  exercise  of 
the  right  of  search  on  the  high  seas,  in  time  of  peace,  by  the 
armed  vessels  of  any  other  power.  These  instructions  have 
been  often  repeated,  and  are  now  regarded  as  standing  instruc 
tions  to  the  navy  of  the  United  States  wherever  employed. 
They  put  the  deck  of  an  American  vessel  on  the  same  footing 
with  American  soil,  the  invasion  of  which  under  foreign  author 
ity  is  to  be  as  strenuously  resisted  in  the  one  case  as  in  the  other. 
They  regard  such  invasion  as  in  the  highest  degree  offensive  to 
the  United  States,  incompatible  with  their  sovereignty  and  with 
the  freedom  of  the  seas,  and  to  be  met  and  resisted  by  the  whole 
power  of  the  country.  It  was  your  policy  promptly  and  deci 
sively  to  embrace  the  opportunity  to  bring  this  question  of  right, 
upon  which  we  had  gone  through  one  war  and  half  a  century 
of  negotiation,  to  final  issue,  by  placing  all  other  nations  in  a 
posture  where  they  must  either  fight  for  it  or  abandon  it.  The 
result  has  proved  the  wisdom  of  the  measure." 
•'•*f  >t  fV'-'i'. 

CHINA. 

The  same  success  attended  our  negotiations  with  China.* 
The  treaty  of  July,  1844,  with  that  empire,  had  provided  for 
its  own  revision  and  amendment  at  the  expiration  of  twelve 
years  from  its  date,  should  experience  render  this  necessary. 
Changes  in  its  provisions  had  now  become  indispensable  for  the 
security  and  extension  of  our  commerce.  Besides,  our  mer 
chants  had  just  claims  against  the  Chinese  Government,  for  inju 
ries  sustained  in  violation  of  the  treaty.  To  effect  these  changes, 
and  to  obtain  indemnity  for  these  injuries,  the  Hon.  William  B. 
Heed  was  sent  as  Minister  to  China.  His  position  proved  to  be 
one  of  great  delicacy.  England  and  France  were  engaged  in 
war  against  China,  and  urged  the  United  States  to  become  a 

*  Message,  8th  December,  1857,  p.  14. 


264:  ME.  BUCHANAN'S  ADMINISTRATION 

party  to  it.  They  alleged  that  it  had  been  undertaken  to  ac 
complish  objects  in  which  we  had  a  common  interest  with  them 
selves.  This  was  the  fact ;  but  the  President  did  not  believe 
that  our  grievances,  although  serious,  would  justify  a  resort  to 
hostilities.  Whilst  Mr.  Reed  was,  therefore,  directed  to  pre 
serve  a  strict  neutrality  between  the  belligerents,  he  was  in 
structed  to  cooperate  cordially  with  the  Ministers  of  England 
and  France  in  all  peaceful  measures  to  secure  by  treaty  those 
just  concessions  to  commerce  which  the  civilized  nations  of  the 
world  had  a  right  to  expect  from  China.  The  Russian  Govern 
ment,  also,  pursued  the  same  line  of  policy. 

The  difficulty,  then,  was  to  obtain  for  our  country,  whilst 
remaining  at  peace,  the  same  commercial  advantages  which 
England  and  France  might  acquire  by  war.  This  task  our  Min 
ister  performed  with  tact,  ability,  and  success,  by  the  conclusion 
of  the  treaty  of  Tientsin  of  the  18th  June,  1858,  and  the  two 
supplemental  conventions  of  Shanghae  of  the  8th  November 
following.*  These  have  placed  our  commercial  relations  with 
China  on  the  same  satisfactory  footing  with  those  of  England 
and  France,  and  have  resulted  in  the  actual  payment  of  the  full 
amount  of  all  the  just  claims  of  our  citizens,  leaving  a  surplus 
to  the  credit  of  the  Treasury.  This  object  has  been  accom 
plished,  whilst  our  friendly  relations  with  the  Chinese  Govern 
ment  were  never  for  a  moment  interrupted,  but  on  the  contrary 
have  been  greatly  strengthened. 

•  (T     D£lf      '/' 

PARAGUAY. 

The  hostile  attitude  of  the  Government  of  Paraguay  toward 
the  United  States  early  commanded  the  attention  of  the  Presi 
dent.  That  Government  had,  upon  frivolous  and  even  insulting 
pretexts,  refused  to  ratify  the  treaty  of  friendship,  commerce, 
and  navigation,  concluded  with  it  on  the  4th  March,  1853,  as 
amended  by  the  Senate,  though  this  only  in  mere  matters  of 
form.f  It  had  seized  and  appropriated  the  property  of  Ameri 
can  citizens  residing  in  Paraguay,  in  a  violent  and  arbitrary 

*  Pamphlet  Laws,  1861-' 62,  p.  177,  appendix. 

t  Senate  Documents,  1857-'58,  vol.  ii.,  p.  35,  etc.,  etc. 


ON  THE  EVE  OF  THE  REBELLION.  265 

manner ;  and  finally,  by  order  of  President  Lopez,  it  had  fired 
upon  the  United  States  steamer  Water  Witch  (1st  February  ? 
1855),  under  Commander  Thomas  J.  Page  of  the  navy,  and 
killed  the  sailor  at  the  helm,  whilst  she  was  peacefully  employed 
in  surveying  the  Parana  river,  to  ascertain  its  fitness  for  steam 
navigation.  The  honor,  as  well  as  the  interest  of  the  country, 
demanded  satisfaction. 

The  President  brought  the  subject  to  the  notice  of  Congress 
in  his  first  annual  message  (8th  December,  1857).  In  this  he 
informed  them  that  he  would  make  a  demand  for  redress  on  the 
Government  of  Paraguay,  in  a  firm  but  conciliatory  manner, 
but  at  the  same  time  observed,  that  "  this  will  the  more  prob 
ably  be  granted,  if  the  Executive  shall  have  authority  to  use 
other  means  in  the  event  of  a  refusal.  This  is  accordingly  rec 
ommended."  Congress  responded  favorably  to  this  recommen 
dation.  On  the  2d  June,  1858,*  they  passed  a  joint  resolution 
authorizing  the  President  "  to  adopt  such  measures,  and  use 
such  force  as,  in  his  judgment,  may  be  necessary  and  advisable, 
in  the  event  of  a  refusal  of  just  satisfaction  by  the  Government 
of  Paraguay,"  "in  connection  with  the  attack  on  the  United 
States  steamer  Water  Witch^  and  with  other  matters  referred  to 
in  the  annual  message."  f  They  also  made  an  appropriation 
to  defray  the  expenses  of  a  commissioner  to  Paraguay,  should 
he  deem  it  proper  to  appoint  one,  "  for  the  adjustment  of  diffi 
culties  "  with  that  Eepublic. 

Paraguay  is  situated  far  in  the  interior  of  South  America, 
and  its  capital,  the  city  of  Asuncion,  on  the  left  bank  of  the 
river  Paraguay,  is  more  than  a  thousand  miles  from  the  mouth 
of  the  La  Plata. 

The  stern  policy  of  Dr.  Francia,  formerly  the  Dictator,  of 
Paraguay,  had  been  to  exclude  all  the  rest  of  the  world  from 
his  dominions,  and  in  this  he  had  succeeded  by  the  most  severe 
and  arbitrary  measures.  His  successor,  President  Lopez,  found 
it  necessary,  in  some  degree,  to  relax  this  jealous  policy ;  but, 
animated  by  the  same  spirit,  he  imposed  harsh  restrictions  in  his 
intercourse  with  foreigners.  Protected  by  his  remote  and  se 
cluded  position,  he  but  little  apprehended  that  a  navy  from  our 

*  U.  S.  Stat.  at  Large,  vol.  xi.,  p.  370.  t  Ibid.,  p.  319. 


266  MB.  BUCHANAN'S  ADMINISTBATION 

far  distant  country  could  ascend  the  La  Plata,  the  Parana,  and 
the  Paraguay,  and  reach  his  capital.  This  was  doubtless  the 
reason  why  he  had  ventured  to  place  us  at  defiance.  Under 
these  circumstances  the  President  deemed  it  advisable  to  send 
with  our  commissioner  to  Paraguay,  Hon.  James  B.  Bowlin,  a  na 
val  force  sufficient  to  exact  justice  should  negotiation  fail.*  This 
consisted  of  nineteen  armed  vessels,  great  and  small,  carrying  two 
hundred  guns  and  twenty-five  hundred  sailors  and  marines,  all 
under  the  command  of  the  veteran  and  gallant  Shubrick.  Soon 
after  the  arrival  of  the  expedition  at  Montevideo,  Commis 
sioner  Bowlin  and  Commodore  Shubrick  proceeded  (30th  De 
cember,  1858)  to  ascend  the  rivers  to  Asuncion  in  the  steamer 
Fulton,  accompanied  by  the  Water  Witch.  Meanwhile  the  re 
maining  vessels  rendezvoused  in  the  Parana,  near  Rosario,  a 
position  from  which  they  could  act  promptly,  in  case  of  need. 

The  commissioner  arrived  at  Asuncion  on  the  25th  Janu 
ary,  1859,  and  left  it  on  the  10th  February.  Within  this  brief 
period  he  had  ably  and  successfully  accomplished  all  the  objects 
of  his  mission.  In  addition  to  ample  apologies,  he  obtained 
from  President  Lopez  the  payment  of  $10,000  for  the  family  of 
the  seaman  (Chaney)  who  had  been  killed  in  the  attack  on  the 
Water  Witch,  and  also  concluded  satisfactory  treaties  of  indem 
nity  and  of  navigation  and  commerce  with  the  Paraguayan 
Government.f  Thus  the  President  was  enabled  to  announce 
to  Congress,  in  his  annual  message  (December,  1859),  that 
"  all  our  difficulties  with  Paraguay  had  been  satisfactorily  ad 
justed."  ^ 

•  Even  in  this  brief  summary  it  would  be  unjust  to  withhold 
from  Secretary  Toucey  a  commendation  for  the  economy  and 
efficiency  he  displayed  in  fitting  out  this  expedition.^:     It  is  a 
remarkable  fact  in  our  history,  that  its  entire  expenses  were  de 
frayed  out  of  the  ordinary  appropriations  for  the  naval  service. 
Not  a  dollar  was  appropriated  by  Congress  for  this  purpose, 
unless  we  may  except  the  sum  of  $289,000  for  the  purchase  of 
seven  small  steamers  of  light  draft,  worth  more  than  their  cost, 

*  Message  19th  Dec.,  1859. 

t  United  States  Pamphlet  Laws,  1859-' 60,  p.  119,  appendix. 

+  Report  of  Sec.  Toucey,  2d  Dec.,  1859;  Sen.  Doc.  1859-' 60,  vol.  iii.,  p.  1137. 


ON  THE  EVE  OF  THE  REBELLION.  267 

and  which  were  afterwards  usefully  employed  in  the  ordinary 
naval  service.* 

It  may  be  remarked  that  the  President,  in  his  message 
already  referred  to,  justly  observes,  "  that  the  appearance  of 
so  large  a  force,  fitted  out  in  such  a  prompt  manner,  in  the  far 
distant  waters  of  the  La  Plata,  and  the  admirable  conduct  of 
the  officers  and  men  employed  in  it,  have  had  a  happy  effect 
in  favor  of  our  country  throughout  all  that  remote  portion  of 
the  world." 


THE   MEXICAN  REPUBLIC   AND   THE   MONROE  DOCTRINE. 

The  relations  of  the  United  States  with  Mexico  on  the 
accession  of  Mr.  Buchanan  to  the  Presidency  in  March,  1857, 
were  of  an  unfriendly  and  almost  hostile  character.  That  He- 
public  had  been  in  a  state  of  constant  revolution  ever  since  it 
achieved  its  independence  from  Spain.  The  various  constitu 
tions  adopted  from  time  to  time  had  been  set  at  naught  almost 
as  soon  as  proclaimed ;  and  one  military  leader  after  another, 
in  rapid  succession,  had  usurped  the  government..  This  fine 
country,  blessed  with  a  benign  climate,  a  fertile  soil,  and  vast 
mineral  resources,  was  reduced  by  civil  war  and  brigandage  to 
a  condition  of  almost  hopeless  anarchy.  Meanwhile,  our  trea 
ties  with  the  Eepublic  were  incessantly  violated.  Our  citizens 
were  imprisoned,  expelled  from  the  country,  and  in  some  instan 
ces  murdered.  Their  vessels,  merchandise,  and  other  property 
were  seized  and  confiscated.  While  the  central  Government 
at  the  capital  were  acting  in  this  manner,  such  was  the  general 
lawlessness  prevailing,  that  different  parties  claiming  and  exer 
cising  local  authority  in  several  districts  were  committing  simi 
lar  outrages  on  our  citizens.  Our  treaties  had  become  a  dead 
letter,  and  our  commerce  with  the  Republic  was  almost  entirely 
destroyed.  The  claims  of  American  citizens  filed  in  the  State 
Department,  for  which  they  asked  the  interposition  of  their  own 
Government  with  .that  of  Mexico  to  obtain  redress  and  indem 
nity,  exceeded  $10,000,000.  Although  this  amount  may  have 

*  Letter  of  Sec.  Toucey,  May  11,  1860,  to  Committee  on  .Naval  Expenditures,  vol. 
vi.,  No.  86  Miscellaneous  Doc.  of  H.  B. 


268  ME.  BUCHANAN'S  ADMINISTRATION 

been  exaggerated  by  the  claimants,  still  their  actual  losses  must 
have  been  very  large.* 

In  all  these  cases  as  they  occurred  our  successive  ministers 
demanded  redress;  but  their  demands  were  only  followed  by 
new  injuries.  Their  testimony  was  uniform  and  emphatic  in 
reference  to  the  only  remedy  which  in  their  judgments  would 
prove  effectual.  "  Nothing  but  a  manifestation  of  the  power 
of  the  Government  of  the  United  States,"  wrote  Mr.  John  For- 
syth,  our  Minister  in  1856,  "  and  of  its  purpose  to  punish  these 
wrongs,  will  avail.  I  assure  you  that  the  universal  belief  here 
is,  that  there  is  nothing  to  be  apprehended  from  the  Government 
of  the  United  States,  and  that  local  Mexican  officials  can  com 
mit  these  outrages  upon  American  citizens  with  absolute  im 
punity." 

In  the  year  1857  a  favorable  change  occurred  in  the  affairs 
of  the  Republic,  inspiring  better  hopes  for  the  future.  A  con 
stituent  Congress,  elected  by  the  people  of  the  different  States 
for  this  purpose,  had  framed  and  adopted  a  republican  Consti 
tution.  It  adjourned  on  the  17th  February,  1857,  having  pro 
vided  for  a  popular  election  to  be  held  in  July  for  a  President 
and  members  of  Congress.  At  this  election  General  Comonfort 
was  chosen  President  almost  without  opposition.  His  term  of 
office  was  to  commence  on  the  1st  of  December,  1857,  and  to 
continue  for  four  y«ars.  In  case  his  office  should  become  vacant, 
the  Constitution  had  provided  that  the  Chief  Justice  of  Mexico, 
then  General  Juarez,  should  become  President,  until  the  end  of 
the  term.  On  the  1st  December,  1857,  General  Comonfort 
appeared  before  the  Congress  then  in  session,  took  the  oath  to 
support  the  Constitution,  and  was  duly  inaugurated. 

But  the  hopes  thus  inspired  for  the  establishment  of  a  regu 
lar  constitutional  Government  soon  proved  delusive.  Presi 
dent  Comonfort,  within  one  brief  month,  was  driven  from  the 
capital  and  the  Republic  by  a  military  rebellion  headed  by 
General  Zuloaga ;  and  General  Juarez  consequently  became  the 
constitutional  President  of  Mexico  until  the  1st  day  of  Decem 
ber,  1861.  General  Zuloaga  instantly  assumed  the  name  of 

*  List  of  Claims,  Senate  Executive  Documents,  p.  18,  2d  session  35th  Congress, 
President's  Message. 


ON   THE   EVE   OF   THE   EEBELLION. 

President  with  indefinite  powers;  and  the  entire  diplomatic 
corps,  including  the  minister  from  the  United  States,  made  haste 
to  recognize  the  authority  of  the  usurper  without  awaiting  in 
structions  from  their  respective  Governments.  But  Zuloaga 
was  speedily  expelled  from  power.  Having  encountered  the 
resistance  of  the  people  in  many  parts  of  the  Kepublic,  and  a 
large  portion  of  the^army  in  the  capital  having  "  pronounced  " 
against  him,  he  was  in  turn  compelled  to  relinquish  the  Presi 
dency.  The  field  was  now  cleared  for  the  elevation  of  General 
Miramon.  He  had  from  the  beginning  been  the  favorite  of  the 
so-called  "  Church  party,"  and  was  ready  to  become  their  will 
ing  instrument  in  maintaining  the  vast  estates  and  prerogatives 
of  the  Church,  and  in  suppressing  the  Liberal  Constitution.  An 
assembly  of  his  partisans,  called  together  without  even  the  sem 
blance  of  authority,  elected  him  President ;  but  he  warily 
refused  to  accept  the  office  at  their  hands.  He  then  resorted  to 
another  but  scarcely  more  plausible  expedient  to  place  himself 
in  power.  This  was  to  identify  himself  with  General  Zuloaga, 
who  had  just  been  deposed,  and  to  bring  him  again  upon  the 
stage  as  President.  Zuloaga  accordingly  reappeared  in  this 
character ;  but  his  only  act  was  to  appoint  Miramon  "  President 
Substitute,"  when  he  again  retired.  It  is  under  this  title  that 
Miramon  has  since  exercised  military  authority  in  the  city 
of  Mexico,  expecting  by  this  stratagem  to  appropriate  to  himself 
the  recognition  of  the  foreign  ministers  which  had  been  granted 
to  Zuloaga.  He  succeeded.  The  ministers  continued  their 
relations  with  him  as  "  President  Substitute  "  in  the  same  man 
ner  as  if  Zuloaga  had  still  remained  in  power.  It  was  by  this 
farce,  for  it  deserves  no  better  name,  that  Miramon  succeeded 
in  grasping  the  Presidency.  The  idea  that  the  chief  of  a  nation 
at  his  own  discretion  may  transfer  to  whomsoever  he  may  please 
the  trust  of  governing  delegated  to  him  for  the  benefit  of  the 
people,  is  too  absurd  to  receive  a  moment's  countenance.  But 
when  we  reflect  that  Zuloaga^  from  whom  Miramon  derived  his 
title,  was  himself  a  military  usurper,  having  expelled  the  consti 
tutional  President  (Comonfort)  from  office,  it  would  have  been 
a  lasting  disgrace  to  the  Mexican  people  had  they  tamely  sub 
mitted  to  the  yoke.  To  such  an  imputation  a  large  majority 


270  MB.  BUCHANAN'S  ADMINISTRATION 

proved  themselves  not  to  be  justly  exposed.  Although,  on 
former  occasions,  a  seizure  of  the  capital  and  the  usurpation  of 
power  by  a  military  chieftain  had  been  generally  followed,  at 
least  for  a  brief  season,  by  an  acquiescence  of  the  Mexican  peo 
ple,  yet  they  now  rose  boldly  and  independently  to  defend  their 
rights. 

President  Juarez,  after  having  been  driven  from  the  city  of 
Mexico  by  Zuloaga,  proceeded  to  form  a  constitutional  Govern 
ment  at  Guanajuato.  From  thence  he  removed  to  Yera  Cruz, 
where  he  put  his  administration  in  successful  operation.  The 
people  in  many  portions  of  the  Republic  rallied  in  its  support 
and  flew  to  arms.  A  civil  war  thus  began  between  the  friends 
of  the  Constitution  and  the  partisans  of  Miramon.  In  this  con 
flict  it  was  not  possible  for  the  American  people  to  remain  in 
different  spectators.  They  naturally  favored  the  cause  of  Pres 
ident  Juarez,  and  expressed  ardent  wishes  for  his  success. 
Meanwhile  Mr.  Forsyth,  the  American  Minister,  still  continued 
at  the  city  of  Mexico  in  the  discharge  of  his  official  duties 
until  June,  1858,  when  he  suspended  his  diplomatic  relations 
with  the  Miramon  Government,  until  he  should  ascertain  the 
decision  of  the  President.  Its  outrages  toward  American  citi 
zens  and  its  personal  indignities  toward  himself,  without  hope 
of  amendment  or  redress,  rendered  his  condition  no  longer 
tolerable.  .  Our  relations,  bad  as  they  had  been  under  former 
governments,  had  now  become  still  worse  under  that  of  Mira 
mon.  President  Buchanan  approved  the  step  which  Mr.  For- 
syth  had  taken.  He  was  consequently  directed  to  demand  his 
passports,  to  deposit  the  archives  of  the  legation  with  Mr.  Black, 
our « consul  at  the  city  of  Mexico,  and  to  proceed  to  Yera  Cruz, 
where  an  armed  steamer  would  be  in  readiness  to  convey  him 
self  and  family  to  the  Tinted  States.* 

Thus  was  all  diplomatic  intercourse  finally  terminated  with 
the  Government  of  Miramon ;  whilst  none  had  been  organ 
ized  with  that  of  Juarez.  The  President  entertained  some 
hope  that  this  rupture  of  diplomatic  relations  might  cause 
Miramon  to  reflect  seriously  on  the  danger  of  war  with  the 

*  Letter  of  General  Cass  to  Mr.  Forsyth,  July  15th,  1858.    Senate  Documents, 
1858-'59,  vol.  i.,  p.  48. 


ON  THE  EVE  OF  THE  REBELLION.  271 

United  States,  and  might  at  least  arrest  future  outrages  on 
our  citizens.  Instead  of  this,  however,  he  persisted  in  his 
course  of  violence  against  the  few  American  citizens  who  had 
the  courage  to  remain  under  his  power.  The  President  in  his 
message  of  December,  1859,*  informs  Congress  that  "  murders 
of  a  still  more  atrocious  character  have  been  committed  in  the 
very  heart  of  Mexico,  under  the  authority  of  Miramon's  Gov 
ernment,  during  the  present  year.  Some  of  these  were  worthy 
only  of  a  barbarous  age,  and  if  they  had  not  been  clearly  proven, 
would  have  seemed  impossible  in  a  country  which  claims  to  be 
civilized."  And  in  that  of  December,  1860,  he  says :  "  To  cap 
the  climax,  after  the  battle  of  Tacubaya,  in  April,  1859,  General 
Marquez  ordered  three  citizens  of  the  United  States,  two  of 
them  physicians,  to  be  seized  in  the  hospital  at  that  place,  taken 
out  and  shot,  without  crime,  and  without  trial.  This  was  done, 
notwithstanding  our  unfortunate  countrymen  were  at  the  mo 
ment  engaged  in  the  holy  cause  of  affording  relief  to  the  soldiers 
of  both  parties  who  had  been  wounded  in  the  battle,  without 
making  any  distinction  between  them." 

"  Little  less  shocking  was  the  recent  fate  of  Ormond  Chase, 
who  was  shot  in  Tepic  on  the  7th  August  by  order  of  the  same 
Mexican  general,  not  only  without  a  trial,  but  without  any  con 
jecture  by  his  friends  of  the  cause  of  his  arrest."  He  was  rep 
resented  to  have  been  a  young  man  of  good  character  and  in 
telligence,  who  had  made  numerous  friends  in  Tepic,  and  his 
unexpected  execution  shocked  the  whole  community.  "  Other 
outrages,"  the  President  states,  "might  be  enumerated ;  but  these 
are  sufficient  to  illustrate  the  wretched  state  of  the  country  and 
the  unprotected  condition  of  the  persons  and  property  of  our 
citizens  in  Mexico." 

"The  wrongs  which  we  have  suffered  from  Mexico  are 
before  the  world,  and  must  deeply  impress  every  American  citi 
zen.  A  Government  which  is  either  unable  or  unwilling  to 
redress  such  wrongs,  is  derelict  to  its  highest  duties." 

Meanwhile  the  civil  war  between  the  parties  was  conducted 
with  various  success ;  but  the  scale  preponderated  in  favor 
of  the  Constitutional  cause.  Ere  long  the  Government  of 

*  House  Journal,  p.  207. 
18 


272  MB.  BUCHANAN'S  ADMINISTRATION 

Juarez  extended  its  authority  and  was  acknowledged  in  all 
the  important  ports  and  throughout  the  sea-coasts  and  ex 
ternal  territory  of  the  Republic ;  whilst  the  power  of  Mira- 
mon  was  confined  to  the  city  of  Mexico  and  the  surround 
ing  States. 

The  final  triumph  of  Juarez  became  so  probable,  that  Presi 
dent  Buchanan  deemed  it  his  duty  to  inquire  and  ascertain 
whether,  according  to  our  constant  usage  in  such  cases,  he 
might  not  recognize  the  Constitutional  Government.  For  the 
purpose  of  obtaining  reliable  information  on  this  point,  he  sent 
a  confidential  agent  to  Mexico  to  examine  and  report  the  actual 
condition  and  prospects  of  the  belligerents.  In  consequence  of 
his  report,  as  well  as  of  intelligence  from  other  sources,  he  felt 
justified  in  appointing  a  new  minister  to  the  Mexican  Repub 
lic.  For  this  office  Mr.  Robert  M.  McLane,  a  distinguished 
citizen  of  Maryland,  was  selected.  He  proceeded  on  his  mission 
on  the  8th  March,  1859,  invested  "  with  discretionary  authority 
to  recognize  the  Government  of  President  Juarez,  if  on  his  arri 
val  in  Mexico  he  should  find  it  entitled  to  such  recognition,  ac 
cording  to  the  established  practice  of  the  United  States."  In  con 
sequence,  on  the  Yth  of  April  Mr.  McLane  recognized  the  Con 
stitutional  Government  by  presenting  his  credentials  to  Presi 
dent  Juarez,  having  no  hesitation,  as  he  said,  "  in  pronouncing 
the  Government  of  Juarez  to  be  the  only  existing  Government 
of  the  Republic."  He  was  cordially  received  by  the  authorities 
at  Yera  Cruz,  who  have  ever  since  manifested  the  most  friendly 
disposition  toward  the  United  States. 

Unhapily,  however,  the  Constitutional  Government,  though 
supported  by  a  large  majority  both  of  the  people  and  of  the 
several  Mexican  States,  had  not  been  able  to  expel  Miramon 
from  the  capital.  In  the  opinion  of  the  President,  it  had  now 
become  the  imperative  duty  of  Congress  to  act  without  further 
delay,  and  to  enforce  redress  from  the  Government  of  Miramon 
for  the  wrongs  it  had  committed  in  violation  of  the  faith  of 
treaties  against  citizens  of  the  United  States. 

Toward  no  other  Government  would  we  have  manifested  so 
long  and  so  patient  a  forbearance.  This  arose  from  our  warm 
sympathies  for  a  neighboring  Republic.  The  territory  under 


ON  THE  EVE  OF  THE  "REBELLION.  273 

the  sway  of  Miramon  around  the  capital  was  not  accessible  to 
our  forces  without  passing  through  the  States  under  the  juris 
diction  of  the  Constitutional  Government.  But  this  from  the 
beginning  had  always  manifested  the  warmest  desire  to  cultivate 
the  most  friendly  relations  with  our  country.  No  doubt  was 
therefore  entertained  that  it  would  cheerfully  grant  us  the  right  of 
passage.  Moreover,  it  well  knew  that  the  expulsion  of  Miramon 
would  result  in  the  triumph  of  the  Constitutional  Government 
and  its  establishment  over  the  whole  territory  of  Mexico. 
"What  was,  also,  deemed  of  great  importance  by  the  President, 
this  would  remove  from  us  the  danger  of  a  foreign  war  in  sup 
port  of  the  Monroe  doctrine  against  any  European  nation  which 
might  be  tempted,  by  the  distracted  condition  of  the  Republic, 
to  interfere  forcibly  in  its  internal  affairs  under  the  pretext  of 
restoring  peace  and  order. 

Such  is  the  outline  of  the  President's  policy.  Had  it  been 
sanctioned  by  Congress,  it  is  beyond  question  that  we  should 
not  at  this  day  witness  the  transformation  of  the  Republic  into 
a  monarchy. 

Accordingly,  in  his  message  to  Congress  of  the  19th  of 
December,  1859,  he  says :  "  We  may  in  vain  apply  to  the  Con 
stitutional  Government  at  Yera  Cruz,  although  it  is  well  dis 
posed  to  do  us  justice,  for  adequate  redress.  "Whilst  its 
authority  is  acknowledged  in  all  the  important  ports  and 
throughout  the  sea-coasts  of  the  Republic,  its  power  does  not 
extend  to  the  city  of  Mexico  and  the  States  in  its  vicinity, 
where  nearly  all  the  recent  outrages  have  been  committed  on 
American  citizens.  "We  must  penetrate  into  the  interior  before 
we  can  reach  the  offenders,  and  this  can  only  be  done  by  pass- 
*ng  through  the  territory  in  the  occupation  of  the  Constitu 
tional  Government.  The  most  acceptable  and  least  difficult 
mode  of  accomplishing  the  object  will  be  to  act  in  concert  with 
that  Government.  Their  consent  and  their  aid  might,  I 
believe,  be  obtained ;  but  if  not,  our  obligation  to  protect  our 
own  citizens  in  their  just  rights  secured  by  treaty  would  not  be 
the  less  imperative.  For  these  reasons  I  recommend  to  Con 
gress  to  pass  a  law  authorizing  the  President,  under  such  con 
ditions  as  they  may  deem  expedient,  to  employ  a  sufficient 


274  ME.  BUCHANAN'S  ADMINISTRATION 

military  force  to  enter  Mexico  for  the  purpose  of  obtaining 
indemnity  for  the  past  and  security  for  the  future.  I  purposely 
refrain  from  any  suggestion  as  to  whether  this  force  shall  con 
sist  of  regular  troops  or  volunteers,  or  both.  This  question 
may  be  most  appropriately  left  to  the  decision  of  Congress. 
I  would  merely  observe  that,  should  volunteers  be  selected, 
such  a  force  could  be  easily  raised  in  this  country  among  those 
who  sympathize  with  the  sufferings  of  our  unfortunate  fellow- 
citizens  in  Mexico,  and  with  the  unhappy  condition  of  that 
Republic.  Such  an  accession  to  the  forces  of  the  Constitutional 
Government  would  enable  it  soon  to  reach  the  city  of  Mexico, 
and  extend  its  power  over  the  whole  Republic.  In  that  event, 
there  is  no  reason  to  doubt  that  the  just  claims  of  our  citizens 
would  be  satisfied^  and  adequate  redress  obtained  for  the  inju 
ries  inflicted  upon  them.  The  Constitutional  Government  have 
ever  evinced  a  strong  desire  to  do  justice,  and  this  might  be 
secured  in  advance  by  a  preliminary  treaty. 

"  It  may  be  said  that  these  measures  will,  at  least  indirectly, 
be  inconsistent  with  our-  wise  and  settled  policy  not  to  interfere 
in.  the  domestic  concerns  of  foreign  nations.  But  does  not  the 
present  case  fairly  constitute  an  exception?  An  adjoining 
republic  is  in  a  state  of  anarchy  and  confusion  from  which  she 
has  proved  wholly  unable  to  extricate  herself.  She  is  entirely 
destitute  of  the  power  to  maintain  peace  upon  her  borders,  or  to 
prevent  the  incursions  of  banditti  into  our  territory.  In  her 
fate  and  in  her  fortune — in  her  power  to  establish  and  main 
tain  a  settled  government — we  have  a  far  deeper  interest, 
socially,  commercially,  and  politically,  than  any  other  nation. 
She  is  now  a  wreck  upon  the  ocean,  drifting  about  as  she  is 
impelled  by  different  factions.  As  a  good  neighbor,  shall  we 
.not  extend  to  her  a  helping  hand  to  save  her  2  If  we  do  not,  it 
would  not  l)e  surprising  should  some  other  nation  undertake  the 
task,  and  thus  force  us  to  interfere  at  last,  under  circumstances 
of  increased  difficulty,  for  the  maintenance  of  our  established 
policy" 

These  recommendations  of  the  President  were  wholly  disre 
garded  by  Congress  during  the  session  of  1859-1860.  Indeed, 
they  were  not  even  noticed  in  any  of  its  proceedings.  The 


ON  THE  EVE  OF  THE  REBELLION.  275 

members  of  both  parties  were  too  exclusively  occupied  in  dis 
cussing  the  slavery  question,  and  in  giving  their  attention  to  the 
approaching  Presidential  election,  to  devote  any  portion  of  their 
time  to  the  important  Mexican  question. 

The  President  again  brought  the  subject  before  Congress  in 
his  next  annual  message  of  December,  1860;  but  with  no 
better  effect.  In  recurring  to  his  recommendations  at  the  pre 
vious  session  for  the  employment  of  a  military  force,  and  the 
consequences  which  had  already  resulted  and  would  afterwards 
follow  from  the  neglect  with  which  it  had  been  treated,  he 
observes :  "  No  other  alternative  was  left,  except  the  entire 
abandonment  of  our  fellow-citizens  who  had  gone  to  Mexico 
under  the  faith  of  treaties,  to  the  systematic  injustice,  cruelty, 
and  oppression  of  Miramon's  Government.  Besides,  it  is  almost 
certain  that  the  simple  authority  to  employ  this  force  would  of 
itself  have  accomplished  all  our  objects,  without  striking  a  sin 
gle  blow.  The  Constitutional  Government  would,  then,  ere  this 
have  been  established  at  the  city  of  Mexico,  and  would  have 
been  ready  and  willing,  to  the  extent  of  its  ability,  to  do  us 
justice. 

"  In  addition,  and  I  deem  this  a  most  important  consider 
ation,  European  Governments  would  have  fieen  deprived  of  all 
pretext  to  interfere  in  the  territorial  and  domestic  concerns 
of  Mexico.  We  should  thus  have  ~been  relieved  from  the  obliga 
tion  of  resisting,  even  ~by  force,  should  this  "become  necessary, 
any  attempt  ly  these  Governments  to  deprive  our  neighboring 
Republic  of  portions  of  her  territory,  a  duty  from  which  we 
could  not  shrink  without  abandoning  the  traditional  and 
established  policy  of  the  American  people" 

He  adds :  "  I  am  happy  to  observe  that,  firmly  relying  upon 
the  justice  and  good  faith  of  these  Governments,  there  is  no 
present  danger  that  such  a  contingency  will  happen." 

This  was  inserted  in  the  message,  because  Mr.  McLane  at 
the  time  had  received  informal  though  only  verbal  assurances 
to  this  effect  in  his  intercourse  with  European  diplomatists  in 
Mexico.  And  indeed  there  was  no  danger  of  foreign  interfer 
ence  so  long  as  the  question  of  a  military  expedition  to  Mexico 
had  not  been  decided  by  Congress. 


276  ME.  BUCHANAN'S  ADMINISTRATION 

The  President  did  not  apprehend  interference  in  Mexico 
from  any  European  sovereign  except  the  Emperor  of  the 
French.  It  was  his  known  policy  to  seek  new  colonies  for 
France ;  and  his  minister  exercised  great  influence  over  Mira- 
mon.  Besides,  he  had  previously  directed  his  attention  in  a 
special  manner  to  Central  America.  The  President,  therefore, 
watched  his  proceedings  with  constant  vigilance,  under  the 
conviction  that  should  he  attempt  to  colonize  the  whole  or  any 
portion  of  Mexico,  this  would  almost  necessarily  involve  the 
United  States  in  a  war  with  France  in  vindication  of  the  Mon 
roe  doctrine. 


The  allied  powers  of  Europe  had  triumphed  over  Napoleon, 
and  had  restored  the  elder  branch  of  the  Bourbons,  in  the  per 
son  of  Louis  XYIIL,  to  the  throne  of  France.  Emboldened 
by  this  success,  Russia,  Austria,  and  Prussia,  in  1815,  formed 
the  Holy  Alliance.  To  this  France,  and  nearly  all  the  other 
continental  powers,  soon  afterwards  acceded.  Great  Britain, 
however,  stood  aloof  and  refused  to  become  a  party  to  it.  The 
object  of  the  allies  was  to  abolish  liberal  Governments  on  the 
continent  of  Europe,  and  to  maintain  the  divine  right  of 
sovereigns  to  rule  according  to  their  own  discretion — in  short, 
to  roll  back  the  tide  of  progress  toward  free  institutions,  and  to 
restore  the  old  despotisms  as  they  had  existed  before  the  French 
Revolution.  Accordingly  France  was  deputed  to  destroy,  by 
force  of  arms,  the  liberal  Government  of  the  Cortes  in  Spain, 
and  to  restore  the  implacable  and  bigoted  Ferdinand  YII.  to 
absolute  power.  In  1823  a  French  army,  commanded  by  the 
Duke  d'Angouleme,  invaded  Spain,  and  in  a  single  campaign 
accomplished  these  objects. 

In  the  year  before  the  date  of  this  expedition,  the  Govern 
ment  of  the  United  States  had  formally  acknowledged  the  in 
dependence  of  the  different  southern  Republics,  formerly  Span 
ish  colonies ;  and  an  appropriation  of  one  hundred  thousand 
dollars  had  been  made  (May  4,  1822)*  by  Congress  to  defray 

*  8  United  States  Statutes,  678. 


ON  THE  EVE  OF  THE  REBELLION.  277 

the  expense  of  missions  to  these  "  independent  nations  on  the 
American  continent." 

Whilst  the  French  invasion  was  in  successful  progress,  the 
British  Government  became  satisfied  that  the  allies,  after  crush 
ing  the  Spanish  liberals,  intended  to  employ  their  arms  in  assist 
ing  Ferdinand  VII.  to  resubjugate  what  they  termed  his  rebel 
lious  colonies  on  this  side  of  the  Atlantic.  To  such  an  enter 
prise  Great  Britain  was  strenuously  opposed,  and  she  resolved 
to  resist  it.  If  successful,  this  would  prove  to  be  a  severe  blow 
to  her  trade  in  that  quarter  of  the  world — an  interest  to  which 
she  has  ever  been  sensitively  alive. 

To  avert  the  impending  danger  Mr.  Canning,  then  the 
British  Minister  for  Foreign  Affairs,  in  August,  1823,  proposed 
to  Mr.  Rush,  the  American  Minister  in  London,  that  the  two 
Governments  should  immediately  unite  in  publishing  "  a  joint 
declaration  before  Europe,"  manifesting  their  opposition  to  the 
policy  and  purposes  of  the  alliance  in  regard  to  this  continent. 
This  expressed  the  opinion  that  the  recovery  of  the  colonies  by 
Spain  was  hopeless;  that  their  recognition  as  independent 
States  was  one  of  time  and  circumstances ;  that  the  two  powers 
were  not  disposed,  however,  to  interpose  obstacles  in  the  way  to 
any  arrangements  by  amicable  negotiations  between  the  colonies 
and  Spain ;  but  that  whilst  they  aimed  at  the  acquisition  of  no 
portion  of  these  colonies  for  themselves,  they  would  not  see 
the  transfer  of  any  of  them  to  a  third  power  with  indifference. 
Mr.  Canning  also  observed  that  in  his  opinion  such  a  joint  dec 
laration  by  Great  Britain  and  the  United  States  would  alone 
prove  sufficient  to  prevent  the  allies  from  any  forcible  inter 
ference  against  the  former  Spanish  colonies.  For  these  reasons 
he  earnestly  urged  Mr.  Rush  to  become  a  party  to  it  on  behalf 
of  his  Government.  Although  Mr.  Rush  had  no  direct  instruc 
tions  to  warrant  him  in  such  an  act,  and  this  he  had  communi 
cated  to  Mr.  Canning,  yet  he  wisely  agreed  to  assume  the  re 
sponsibility,  but  upon  one  express  condition.  This  was,  that  the 
British  Government  should  first  acknowledge  the  independence 
of  the  new  American  Republics,  as  the  United  States  had  al 
ready  done.  Mr.  Canning,  though  resolved  on  defeating  the 
projects  of  the  alliance  against  these  Republics,  was  not  pre- 


278  ME.  BUCHANAN'S  ADMINISTRATION 

pared  at  the  time  to  take  this  decisive  step,  and  therefore  the 
joint  declaration  was  never  made. 

Mr.  Kush,  in  his  despatch  of  September  19, 1823,  to  Mr.  John 
Quincy  Adams,  then  Secretary  of  State,*  communicated  to  him 
a  lucid  statement  of  these  negotiations,  with  explanatory  docu 
ments.  After  these  had  been  considered  by  President  Monroe, 
he  sent  them,  with  his  own  views  on  the  subject,  to  Mr.  Jeffer 
son,  and  asked  his  advice  as  to  the  course  which  ought  to  be 
pursued  by  the  Government  to  ward  off  the  threatened  danger. 

Mr.  Jefferson's  answer  is  dated  at  Monticello,  on  the  24th 
October,  1823.  It  is  earnest,  enthusiastic,  and  eloquent, 
displaying  in  old  age  the  statesmanlike  sagacity  and  ardent 
patriotism  of  the  author  of  the  Declaration  of  Independence. 
It  foreshadows  and  recommends  the  "  Monroe  Doctrine  "  to  the 
fullest  extent.  From  its  importance  we  quote  it  entire  from 
Randall's  Life  of  Jefferson,  vol.  iii.,  p.  491.  Mr.  Jefferson  says  : 
"  The  question  presented  by  the  letters  you  have  sent  me  is  the 
most  momentous  which  has  ever  been  offered  to  my  contem 
plation  since  tnat  of  independence.  That  made  us  a  nation ; 
this  sets  our  compass  and  points  the  course  which  we  are  to 
steer  through  the  ocean  of  time  opening  on  us ;  and  never 
could  we  embark  on  it  under  circumstances  more  auspicious. 
Our  first  and  fundamental  maxim  should  be,  never  to  entangle 
ourselves  in  the  broils  of  Europe.  Our  second,  never  to  suffer 
Europe  to  intermeddle  with  cis-Atlantic  affairs.  America, 
North  and  South,  has  a  set  of  interests  distinct  from  those  of 
Europe,  and  peculiarly  her  own.  She  should,  therefore,  have  a 
system  of  her  own,  separate  and  apart  from  that  of  Europe. 
While  the  last  is  laboring  to  become  the  domicile  of  despotism, 
our  endeavor  should  surely  be  to  make  our  hemisphere  that  of 
freedom.  One  nation,  most  of  all,  could  disturb  us  in  this 
pursuit ;  she  now  offers  to  lead,  aid,  and  accompany  us  in  it. 
By  acceding  to  her  proposition,  we  detach  her  from  the  band 
of  despots,  bring  her  mighty  weight  into  the  scale  of  free  gov-  \ 
ernment,  and  emancipate  a  continent  at  one  stroke,  which  might 
otherwise  linger  long  in  doubt  and  difficulty.  Great  Britain  is 
the  nation  which  can  do  us  the  most  harm  of  any  one,  or  all  on 

*  Rush's  "Residence  at  the  Court  of  London,"  p.  429. 


ON  THE  EVE  OF  THE  REBELLION.  279 

eartli ;  and  with  her  on  our  side,  we  need  not  fear  the  whole 
world.  With  her,  then,  we  should  most  sedulously  cherish  a 
cordial  friendship ;  and  nothing  would  tend  more  to  knit  our 
affections  than  to  be  fighting  once  more,  side  by  side,  in  the 
same  cause.  Not  that  I  would  purchase  even  her  amity  at  the 
price  of  taking  part  in  her  wars.  But  the  war  in  which  the 
present  proposition  might  engage  us,  should  that  be  its  conse 
quence,  is  not  her  war,  but  ours.  Its  object  is  to  introduce  and 
establish  the  American  system  of  keeping  out  of  our  land  all 
foreign  powers,  of  never  permitting  those  of  Europe  to  inter 
meddle  with  the  affairs  of  our  nations.  It  is  to  maintain  our 
own  principle,  not  to  depart  from  it ;  and  if,  to  facilitate  this, 
we  can  effect  a  division  in  the  body  of  the  European  powers, 
and  draw  over  to  our  side  its  most  powerful  member,  surely 
we  should  do  it.  But  I  am  clearly  of  Mr.  Canning's  opinion, 
that  it  will  prevent  instead  of  provoking  war.  With  Great 
Britain  withdrawn  from  their  scale  and  shifted  into  that  of  our 
two  continents,  all  Europe  combined  would  not  undertake  such 
a  war.  For  how  would  they  propose  to  get  at  either  enemy 
without  superior  fleets?  'Nor  is  the  occasion  to  be  slighted 
which  this  proposition  offers,  of  declaring  our  protest  against 
the  atrocious  violations  of  the  rights  of  nations,  by  the  inter 
ference  of  any  one  in  the  internal  affairs  of  another,  so  flagi 
tiously  begun  by  Bonaparte,  and  now  continued  by  the  equally 
lawless  alliance  calling  itself  holy. 

u  But  we  have  first  to  ask  ourselves  a  question :  Do  we  wish 
to  acquire  to  our  own  confederacy  any  one  or  more  of  the 
Spanish  provinces  ?  I  candidly  confess  that  I  have  ever  looked 
on  Cuba  as  the  most  interesting  addition  which  could  ever  be 
made  to  our  system  of  States.  The  control  which,  with  Florida 
point,  this  island  would  give  us  over  the  Gulf  of  Mexico,  and 
the  countries  and  isthmus  bordering  on  it,  as  well  as  all  those 
whose  waters  flow  into  it,  would  fill  up  the  measure  of  our 
political  well-being.  Yet  as  I  am  sensible  that  this  can  never 
be  obtained,  even  with  her  own  consent,  but  by  war ;  and  its 
independence,  which  is  our  second  interest  •  (and  especially  its 
independence  of  England),  can  be  secured  without  it,  I  have  no 
hesitation  in  abandoning  my  first  wish  to  future  chances,  and 


280  MB.  BUCHANAN'S  ADMINISTRATION 

accepting  its  independence,  with  peace  and  the  friendship  of 
England,  rather  than  its  association  at  the  expense  of  war  and 
her  enmity. 

"  I  could  honestly,  therefore,  join  in  the  declaration  proposed, 
that  we  aim  not  at  the  acquisition  of  any  of  those  possessions,  that 
we  will  not  stand  in  the  way  of  any  amicable  arrangement  be 
tween  them  and  the  mother  country ;  but  that  we  will  oppose, 
with  all  our  means,  the  forcible  interposition  of  any  other 
power,  as  auxiliary,  stipendiary,  or  under  any  other  form  or 
pretext,  and  most  especially  their  transfer  to  any  power  by 
conquest,  cession,  or  acquisition  in  any  other  way.  I  should 
think  it,  therefore,  advisable  that  the  Executive  should  encour 
age  the  British  Government  to  a  continuance  in  the  dispositions 
expressed  in  these  letters,  by  an  assurance  of  his  concurrence 
with  them  as  far  as  his  authority  goes  ;  and  that,  as  it  may  lead 
to  war,  the  declaration  of  which  requires  an  act  of  Congress, 
the  case  shall  be  laid  before  them  for  consideration,  at  their  first 
meeting,  and  under  the  reasonable  aspect  in  which  it  is  seen  by 
himself. 

"  I  have  been  so  long  weaned  from  political  subjects,  and  have 
so  long  ceased  to  take  any  interest  in  them,  that  I  am  sensible  I 
am  not  qualified  to  offer  opinions  on  them  worthy  of  any  at 
tention.  But  the  question  now  proposed  involves  consequences 
so  lasting,  and  effects  so  decisive  of  our  future  destinies,  as  to 
rekindle  all  the  interest  I  have  heretofore  felt  on  such  occasions, 
and  to  induce  me  to  the  hazard  of  opinions  which  will  prove 
only  my  wish  to  contribute  still  my  mite  toward  any  thing 
which  may  be  useful  to  our  country.  And  praying  you  to 
accept  it  at  only  what  it  is  worth,  I  add  the  assurance  of  my 
constant  and  affectionate  friendship  and  respect." 

President  Monroe,  thus  fortified  by  the  support  of  Mr. 
Jefferson,  proceeded  to  announce,  in  his  seventh  annual  message 
to  Congress,  of  December  2,  1823,  the  now  celebrated  "  Monroe 
Doctrine."  This  is  summed  up  in  his  assertion,  "  as  a  principle 
in  which  the  rights  and  interests  of  the  United  States  are  in 
volved,  that  the  American  continents,  by  the  free  and  inde 
pendent  condition  they  have  assumed  and  maintained,  are 


ON  THE  EVE  OF  THE  REBELLION.  281 

henceforth  not  to  be  considered  as  subjects  for  future  coloniza 
tion  by  any  European  powers." 

The  word  i£  henceforth  "  is  employed  because  Great  Britain 
and  France,  at  the  date  of  the  message,  not  to  speak  of  the  Por 
tuguese  Empire  of  Brazil,  possessed  colonies  on  this  continent, 
and  these  are  exempted  from  its  terms.  It  applies  to  the  future 
and  not  to  the  past.  This  is  more  specifically  stated  afterwards 
in  the  declaration,  that  "  with  the  existing  colonies  or  depend 
encies  of  any  European  power  we  have  not  interfered  and  shall 
not  interfere." 

The  reader  has  perceived  that  the  recommendations  of  Mr. 
Jefferson  went  beyond  the  "  joint  declaration  "  which  had  been 
proposed  by  Mr.  Canning.  This  was  confined  to  the  Spanish 
American  colonies,  but  the  Monroe  doctrine  extends  the  protec 
tion  of  the  United  States  to  every  other  portion  of  the  conti 
nent. 

In  a  subsequent  portion  of  the  message  Mr.  Monroe  pro 
ceeds  to  discuss  and  condemn,  in  a  clear  and  able  manner,  the 
projects  of  the  alliance  against  the  southern  Eepublics,  and  to 
warn  them  of  the  consequences.  In  this,  however,  he  never 
loses  sight  of  the  more  comprehensive  doctrine  he  had  first  an 
nounced  against  European  colonization  in  any  portion  of  Ameri 
ca,  employing  such  language  as  the  following :  "  We  owe  it  there 
fore  to  candor,  and  to  the  amicable  relations  existing  between 
the  IJnited  States  and  those  [European]  powers,  to  declare  that 
we  should  consider  any  attempt  on  their  part  to  extend  their 
system  to  any  portion  of  this  hemisphere  as  dangerous  to  our 
peace  and  safety."  And  again,  after  stating  that  our  established 
policy  was  not  to  interfere  in  the  internal  concerns  of  any  Eu 
ropean  power,  to  consider  the  Government  de  facto  as  the  le 
gitimate  Government,  and  to  cultivate  friendly  relations  with 
it,  he  says  :  "  But  in  regard  to  these  continents  circumstances 
are  eminently  and  conspicuously  different.  It  is  impossible 
that  the  allied  powers  should  extend  their  political  system  to  any 
portion  of  either  continent  without  endangering  our  peace  and 
happiness,  nor  can  any  one  believe  that  our  southern  brethren, 
if  left  to  themselves,  would  adopt  it  of  their  own  accord.  It  is 


282  ME.  BUCHANAN'S  ADMINISTRATION 

equally  impossible,  therefore,  that  we  should  behold  such  inter 
position,  in  any  form,  with  indifference." 

Such  is  the  Monroe  doctrine.  It  is  in  opposition  to  fu 
ture  European  colonization  on  any  part  of  the  American  con 
tinent  ;  it  is  in  opposition  to  the  introduction  of  European  des 
potic  or  monarchical  institutions  in  any  part  of  the  American 
continent ;  and  is  in  opposition  to  any  attempt  of  European  sov 
ereigns  to  subjugate  the  North  American  Republic  of  Mexico, 
or  any  of  the  South  American  Republics.  In  regard  to  those 
Republics,  he  emphatically  says :  "  But  with  the  Governments 
who  have  declared  their  independence  and  maintained  it,  and 
whose  independence  we  have,  on  great  consideration  and  on 
just  principles,  acknowleged  we  could  not  view  any  interposi 
tion  for  the  purpose  of  oppressing  them,  or  controlling  in  any 
other  manner  their  destiny,  by  any  European  power,  in  any 
other  light  than  as  the  manifestation  of  an  unfriendly  disposi 
tion  toward  the  United  States."  It  was  eminently  wise  that 
the  United  States,  the  most  ancient  and  by  far  the  most  pow 
erful  Republic  on  this  continent,  should  have  interposed  such  a 
shield  to  defend  their  weaker  sisters  against  the  assaults  of  Eu 
ropean  despotism. 

"  When  President  Monroe's  message  arrived  in  London  [we 
are  informed  by  Mr.  Rush],*  the  whole  document  excited  great 
attention.  It  was  upon  all  tongues  ;  the  press  was  full  of  it ; 
the  Spanish  American  deputies  were  overjoyed ;  Spanish  Amer 
ican  securities  rose  in  the  stock  market,  and  the  safety  of  the 
new  States  from  all  European  coercion  was  considered  as  no 
longer  doubtful."  The  allies  soon  after  abandoned  their  hostile 
purposes  against  the  new  Republics,  and  their  independence  was 
secured. 

That  portion  of  the  message  for  the  protection  of  the  new 
Republics,  being  in  accordance  with  the  avowed  policy  of  Great 
Britain,  was  received  with  favor  by  the  British  Government ; 
but  not  so  the  portion  .of  it  against  future  European  coloniza 
tion.  This  encountered  their  decided  opposition.!  "  The  Mon 
roe  doctrine,"  nevertheless,  soon  became  a  canon  of  political 
faith  for  the  American  people,  and  they  placed  it  side  by  side 

*  Bush,  p.  468.  t  Ibid.,  pp.  458,  471. 


ON  THE  EVE  OF  THE  KEBELLION.  283 

with  their  hostility  to  the  impressment  of  American  seamen, 
and  to  the  search  of  American  vessels  on  the  high  seas. 

The  authors  and  friends  of  the  Monroe  doctrine  entertained 
no  doubt  of  its  wisdom  and  policy.  With  the  established  inde 
pendence  of  the  Eepublic  of  Mexico  and  the  Republics  south 
of  it,  there  arose  two  distinct  and  opposing  forms  of  government 
on  the  opposite  sides  of  the  Atlantic ;  the  one  republican,  the 
other  monarchical ;  the  one  devoted  to  free  institutions,  the 
other  to  despotic  rule.  The  nations  of  Europe  having  deter 
mined  to  resist  any  change  in  their  monarchical  forms,  it  was 
but  just  and  reasonable  that  those  of  America  in  self-protec 
tion  should  equally  resist  all  attempts  from  the  other  side 
of  the  Atlantic  to  change  their  free  institutions.  To  repeat 
the  language  of  Mr.  Jefferson,  "  America,  North  and  South, 
has  a  set  of  interests  distinct  from  those  of  Europe,  and  pe 
culiarly  her  own;  she  should,  therefore,  have  a  system  of 
her  own,  separate  and  apart  from  that  of  Europe.  While 
the  last  is  laboring  to  become  the  domicile  of  despotism,  our 
endeavor  should  surely  be  to  make  our  hemisphere  that  of 
freedom."  Governments  so  radically  opposed  in  principle  could 
not  be  intermingled  in  adjoining  territories  without  dangerous 
disputes  and  collisions.  The  contrast  between  them  would  be  a 
perennial  source  of  jealousy.  Each  would  necessarily  endeavor 
to  propagate  its  own  principles  among  the  neighboring  people 
of  the  other.  In  the  interests  of  peace  and  friendship  between 
the  European  monarchies  and  the  American  Republics,  a  wise 
foresight  would  forbid  the  former  from  establishing  colonies 
within  the  territories  or  in  the  vicinity  of  the  latter.  Should 
the  United  States  interpose  forcibly  to  establish  republican  in 
stitutions  on  any  part  of  the  European  continent,  it  is  certain 
that  all  its  sovereigns  would  combine  to  resist  such  an  inter 
ference  as  dangerous  to  their  monarchical  system.  Shall  we, 
then,  abandoning  the  Monroe  doctrine,  patiently  suffer  any  of 
these  sovereigns  to  extend  their  dominion,  equally  dangerous  to 
our  free  forms  of  government,  on  this  side  of  the  Atlantic  ? 
No  human  sagacity  could,  twenty  years  ago,  have  foreseen  the 
day  when  a  foreign  potentate,  not  even  confining  himself  to  the 
planting  of  colonies  on  American  soil,  should  by  invasion  and 


284  ME.  BUCHANAN'S  ADMINISTRATION 

force  of  arms  convert  the  whole  Republic  of  Mexico  into  a  Eu 
ropean  monarchy.  The  idea,  if  suggested  at  that  time,  would 
have  been  treated  as  absurd,  more  especially  when  we  reflect 
that  this  is  the  richest  and  most  populous  of  the  Republics  which 
more  than  fifty  years  ago  had  been  saved  from  European  dom 
ination  by  our  Government,  and  that  its  territories  extend  for  a 
thousand  miles  along  our  own  frontiers. 

During  the  administration  of  President  Polk,  it  became  ne 
cessary  that  he  should  reaffirm  the  Monroe  doctrine,  in  view  of 
the  designs  of  Great  Britain  to  establish  a  protectorate  over  the 
Mosquito  coast  in  the  Republics  of  Nicaragua  and  Honduras. 
This  he  did,  in  decided  terms,  in  his  first  annual  message  to 
Congress  (2d  December,  1845.)  * 

Great  Britain,  as  we  have  already  seen,  through  the  inter 
position  of  the  Government  of  the  United  States,  eventually 
withdrew  from  the  Mosquito  protectorate,  as  well  as  from  the 
colony  of  the  Bay  Islands,  which  she  had  afterwards  established 
on  the  coast  of  Honduras.  At  the  close  of  Mr.  Buchanan's 
administration  no  European  colony  existed  on  the  American 
continent,  except  such  as  had  been  established  before  the  Mon 
roe  doctrine  was  announced,  or  had  been  formed  out  of  territory 
then  belonging  to  a  European  power. 

The  President,  having  failed  in  obtaining  authority  from 
Congress  to  employ  a  military  force  in  Mexico,  as  a  last  resort 
adopted  the  policy  of  concluding  a  treaty  with  the  Constitu 
tional  Government.  By  this  means  he  thought  something 
might  be  accomplished,  both  to  satisfy  the  long  deferred  claims 
of  American  citizens,  and  to  prevent  foreign  interference  with 
the  internal  government  of  Mexico.  Accordingly  Mr.  McLane, 
on  the  14th  day  of  December,  1859,  signed  a  "  Treaty  of  Tran 
sits  and  Commerce "  with  the  Mexican  Republic,  and  also  a 
"  Convention  to  enforce  treaty  stipulations,  and  to  maintain 
order  and  security  in  the  Territory  of  the  Republics  of  Mexico 
and  the  United  States."  These  treaties  secured  peculiar  and 
highly  valuable  advantages  to  our  trade  and  commerce,  espe 
cially  in  articles  the  production  of  our  agriculture  and  manu- 

*  3  Statesman's  Manual,  p.  H58. 


ON  THE  EVE  OF  THE  EEBELLION.  285 

factures.  They  also  guaranteed  to  us  the  secure  possession  and 
enjoyment  of  the  Tehuantepec  route,  and  of  several  other 
transit  routes  for  our  commerce,  free  from  duty,  across  the  ter 
ritories  of  the  Eepublic,  on  its  way  to  California,  and  our  other 
possessions  on  the  Northwest  coast,  as  well  as  to  the  independ 
ent  Eepublics  on  the  Pacific  and  to  Eastern  Asia. 

In  consideration  of  these  advantages,  "  and  in  compensation 
for  the  revenue  surrendered  by  Mexico  on  the  goods  and  mer 
chandise  transported  free  of  gluty  through  the  territory  of  that 
Kepublic,  the  Government  of  the  United  States  agreed  to  pay 
to  the  Government  of  Mexico  the  sum  of  four  millions  of  dol 
lars."  Of  this  sum  two  millions  were  to  be  paid  immediately 
to  Mexico,  and  the  remaining  two  millions  were  to  be  retained 
by  our  Government  "  for  the  payment  of  the  claims  of  citizens 
of  the  United  States  against  the  Government  of  the  Eepublic 
of  Mexico  for  injuries  already  inflicted,  and  which  may  be 
proven  to  be  just  according  to  the  law  and  usage  of  nations  and 
the  principles  of  equity."  It  was  believed  that  these  stipula 
tions,  whilst  providing  two  millions  toward  the  payment  of  the 
claims  of  our  citizens,  would  enable  President  Juarez  with 
the  remaining  two  millions  to  expel  the  usurping  Government 
of  Miramon  from  the  capital,  and  place  the  Constitutional 
Government  in  possession  of  the  whole  territory  of  the  Eepub 
lic.  This,  we  need  not  say,  would  have  greatly  promoted  the 
interests  of  the  United  States.  Besides,  what  was  vastly  im 
portant,  these  treaties,  by  vesting  in  the  United  States  territorial 
and  commercial  rights  which  we  would  be  bound  to  defend, 
might  for  this  reason  have  prevented  any  European  Government 
from  attempting  to  acquire  dominion  over  the  territories  of  Mex 
ico,  and  thus  the  Monroe  doctrine  would  probably  have  re 
mained  inviolate.  With  this  view  Mr.  McLane  was  seriously 
impressed.  In  his  despatch  of  December  14th,  1859,  to  the 
Secretary  of  State,  communicating  the  treaties,  he  expresses  the 
apprehension  that  should  they  not  be  ratified,  further  anarchy 
would  prevail  in  Mexico  until  it  should  be  terminated  by  direct 
interference  from  some  other  quarter. 

On  the  4th  January,  1860,  the  President  submitted  to  the 
Senate  the  treaty  and  the  convention  with  a  view  to  their  ratifi- 


cation,  together  with  the  despateh  of  Mr.  McLane.  These,  on 
the  same  day,  were  referred  to  the  Committee  on  Foreign  Rela 
tions.  Whether  any  or  what  other  proceedings  were  had  in 
relation  to  them  we  are  unable  to  state,  the  injunction  of  secresy 
having  never  been  removed  by  the  Senate.  Mr.  McLane,  who 
was  then  in  "Washington,  had  a  conference  with  the  committee, 
and  received  the  impression  that  comparative  unanimity  existed 
in  favor  of  the  principal  provisions  of  the  treaty ;  but  in  regard 
to  the  convention  the  contingency  of  its  possible  abuse  was 
referred  to  as  constituting  an  objection  to  its  ratification.  Cer 
tain  it  is  that  neither  the  one  nor  the  other  was  ever  approved 
by  the  Senate,  and  consequently  both  became  a  dead  letter. 
The  Republic  of  Mexico  was  thus  left  to  its  fate,  and  has  since 
become  an  empire  under  the  dominion  of  a  scion  of  the  House 
of  Hapsburg,  protected  by  the  Emperor  of  the  French.  The 
righteous  claims  of  American  citizens  have  therefore  been  indef 
initely  postponed. 


APPENDIX. 


GENERAL  SCOTT'S  "VIEWS"  OF  THE  29TH  AND  30ra  OF  OCTO 
BER,  1860,  PUBLISHED  BY  HIS  AUTHORITY  IN  THE  "NA 
TIONAL  INTELLIGENCER"  OF  THE  ISra  OF  JANUARY,  1861. 


Views  suggested  by  the  imminent  danger  (October  29,  1860)  of  a 
disruption  of  the  TTnion  by  the  Secession  of  one  or  more  of  the 
Southern  States. 

To  save  time  the  right  of  secession  may  be  conceded,  and  instantly 
balanced  by  the  correlative  right,  on  the  part  of  the  Federal  Govern 
ment,  against  an  interior  State  or  States,  to  reestablish  T>y  force,  if  ne 
cessary,  its  former  continuity  of  territory — Paley's  Moral  and  Political 
Philosophy,  last  chapter. 

But  break  this  glorious  Union  by  whatever  line  or  lines  that  politi 
cal  madness  may  contrive,  and  there  would  be  no  hope  of  reuniting 
the  fragments  except  by  the  laceration  and  despotism  of  the  sword. 
To  effect  such  result  the  intestine  wars  of  our  Mexican  neighbors 
would,  in  comparison  with  ours,  sink  into  mere  child's  play. 

A  smaller  evil  would  be  to  allow  the  fragments  of  the  great  Re 
public  to  form  themselves  into  new  Confederacies,  probably  four. 

All  the  lines  of  demarcation  between  the  new  Unions  cannot  be 
accurately  drawn  in  advance,  but  many  of  them  approximately  may. 
Thus,  looking  to  natural  boundaries  and  commercial  affinities,  some 
of  the  following  frontiers,  after  many  waverings  and  conflicts,  might 
perhaps  become  acknowledged  and  fixed : 

1.  The  Potomac  Eiver  and  the  Chesapeake  Bay  to  the  Atlantic. 
2.  From  Maryland,  along  the  crest  of  the  Alleghany  (perhaps  the 
19 


288  APPENDIX. 

Blue  Ridge)  range  of  mountains,  to  some  point  on  the  coast  of  Florida. 
3.  The  line  from  say  the  head  of  the  Potomac  to  the  west  or  north 
west,  which  it  will  be  most  difficult  to  settle.  4.  The  crest  of  the 
Rocky  Mountains. 

The  Southeast  Confederacy  would,  in  all  human  probability,  in 
less  than  five  years  after  the  rupture,  find  itself  bounded  by  the  first 
and  second  lines  indicated  above,  the  Atlantic,  and  the  Gulf  of  Mex 
ico,  with  its  capital  at  say  Columbia,  South  Carolina.  The  country 
between  the  second,  third,  and  fourth  of  those  lines  would,  beyond  a 
doubt,  in  about  the  same  time,  constitute  another  Confederacy,  with 
its  capital  at  probably  Alton  or  Quincy,  Illinois.  The  boundaries  of 
the  Pacific  Union  are  the  most  definite  of  all,  and  the  remaining  States 
would  constitute  the  Northeast  Confederacy,  with  its  capital  at  Albany. 

It,  at  the  first  thought,  will  be  considered  strange  that  seven  slave- 
holding  States  and  parts  of  Virginia  and  Florida  should  be  placed 
(above)  in  a  new  Confederacy  with  Ohio,  Indiana,  Illinois,  etc.  But 
when  the  overwhelming  weight  of  the  great  Northwest  is  taken  in 
connection  with  the  laws  of  trade,  contiguity  of  territory,  and  the 
comparative  indifference  to  free  soil  doctrines  on  the  part  of  Western 
Virginia,  Kentucky,  Tennessee,  and  Missouri,  it  is  evident  that  but 
little  if  any  coercion,  beyond  moral  force,  would  be  needed  to  embrace 
them  ;  and  I  have  omitted  the  temptation  of  the  unwasted  public  lands 
which  would  fall  entire  to  this  Confederacy — an  apanage  (well  hus 
banded)  sufficient  for  many  generations.  As  to  Missouri,  Arkansas, 
and  Mississippi,  they  would  not  stand  out  a  month.  Louisiana  would 
coalesce  without  much  solicitation,  and  Alabama,  with  West  Florida, 
would  be  .conquered  the  first  winter  from  the  absolute  need  of  Pensa- 
cola  for  a  naval  depot. 

If  I  might  presume  to  address  the  South,  and  particularly  dear 
Virginia — being  "  native  here  and  to  the  manor  born" — I  would  af 
fectionately  ask,  Will  not  your  slaves  be  less  secure  and  their  labor  less 
profitable  under  the  new  order  of  things  than  under  the  old  ?  Could 
you  employ  profitably  two  hundred  slaves  in  all  Nebraska,  or  five 
hundred  in  all  New  Mexico  ?  The  right,  then,  to  take  them  thither 
would  be  a  barren  right.  And  is  it  not  wise  to 

"  Rather  bear  the  ills  we  have 
Than  fly  to  others  that  we  know  not  of?" 

The  Declaration  of  Independence  proclaims  and  consecrates  the 
same  maxim :  "  Prudence,  indeed,  will  dictate  that  Governments  long 
established  should  not  be  changed  for  light  and  transient  causes." 


APPENDIX.  289 

• 

And  Paley,  too,  lays  down  as  a  fundamental  maxim  of  statesmanship, 
"  never  to  pursue  national  honor  as  distinct  from  national  interest;" 
but  adds  :  u  This  rule  acknowledges  that  it  is  often  necessary  to  assert 
the  honor  of  a  nation  for  the  sake  of  its  interests." 

The  excitement  that  threatens  secession  is  caused  by  the  near 
prospect  of  a  Republican's  election  to  the  Presidency.  From  a  sense 
of  propriety,  as  a  soldier,  I  have  taken  no  part  in  the  pending  canvass, 
and,  as  always  heretofore,  mean  to  stay  away  from  the  polls.  My 
sympathies,  however,  are  with  the  Bell  and  Everett  ticket.  With  Mr. 
Lincoln  I  have  had  no  communication  whatever,  direct  or  indirect, 
and  have  no  recollection  of  ever  having  seen  his  person ;  but  cannot 
believe  any  unconstitutional  violence,  or  breach  of  law,  is  to  be  appre 
hended  from  his  administration  of  the  Federal  Government. 

From  a  knowledge  of  our  Southern  population  it  is  my  solemn 
conviction  that  there  is  some  danger  of  an  early  act  of  rashness  pre 
liminary  to  secession,  viz.,  the  seizure  of  some  or  all  of  the  following 
posts :  Forts  Jackson  and  St.  Philip,  in  the  Mississippi,  below  New 
Orleans,  both  without  garrisons ;  Fort  Morgan,  below  Mobile,  with 
out  a  garrison  ;  Forts  Pickens  and  McE.ee,  Pensacola  harbor,  with  an 
insufficient  garrison  for  one  ;  Fort  Pulaski,  below  Savannah,  without 
a  garrison ;  Forts  Moultrie  and  Sumter,  Charleston  harbor,  the  former 
with  an  insufficient  garrison,  and  the  latter  without  any ;  and  Fort 
Monroe,  Hampton  Roads,  without  a  sufficient  garrison.  In  my  opinion 
all  these  works  should  be  immediately  so  garrisoned  as  to  make  any 
attempt  to  take 'any  one  of  them,  by  surprise  or  coup  de  main,  ridicu 
lous. 

With  the  army  faithful  to  its  allegiance,  and  the  navy  probably 
equally  so,  and  with  a  Federal  Executive,  for  the  next  twelve  months, 
of  firmness  and  moderation,  which  the  country  has  a  right  to  expect 
— moderation  being  an  element  of  power  not  less  than  firmness — there 
is  good  reason  to  hope  that  the  danger  of  secession  may  be  made  to 
pass  away  without  one  conflict  of  arms,  one  execution,  or  one  arrest 
for  treason. 

In  the  mean  time  it  is  suggested  that  exports  should  remain  as 
free  as  at  present ;  all  duties,  however,  on  imports,  collected  (outside 
of  the  cities*)  as  such  receipts  would  be  needed  for  the  national  debt, 
invalid  pensions,  &c.,  and  only  articles  contraband  of  war  be  refused 

*  In  forts  or  on  board  ships-of-war.  The  great  aim  and  object  of  this  plan  was  to 
gain  time— say  eight  or  ten  months — to  await  expected  measures  of  conciliation  on 
the  part  of  the  North,  and  the  subsidence  of  angry  feelings  in  the  opposite  quarter. 


290  APPENDIX. 

admittance.     But  even  this  refusal  would  be  unnecessary,  as  the  fore 
going  views  eschew  the  idea  of  invading  a  seceded  State. 

WINFIELD  SCOTT. 
October  29th,  1860. 

Lieut.-General  Scott's  respects  to  the  Secretary  of  War  to  say — 

That  a  copy  of  his  "  Views,  &c."  was  despatched  to  the  President 
yesterday,  in  great  haste ;  but  the  copy  intended  for  the  Secretary, 
better  transcribed  (herewith),  was  not  in  time  for  the  mail.  Gen 
eral  Scott  would  be  happy  if  the  latter  could  be  substituted  for  the 
former. 

It  will  be  seen  that  the  "  Views  "  only  apply  to  a  case  of  secession 
that  makes  a  gap  in  the  present  Union.  The  falling  off  (say)  of 
Texas,  or  of  all  the  Atlantic  States,  from  the  Potomac  south,  was  not 
within  the  scope  of  General  Scott's  provisional  remedies. 

It  is  his  opinion  that  instructions  should  be  given,  at  once,  to  the 
commanders  of  the  Barancas,  Forts  Moultrie  and  Monroe,  to  be  on 
their  guard  against  surprises  and  coups  de  main.  As  to  regular 
approaches  nothing  can  be  said  or  done,  at  this  time,  without  vol 
unteers. 

There  is  one  (regular)  company  at  Boston,  one  here  (at  the 
Narrows),  one  at  Pittsburg,  one  at  Augusta,  Ga.,  and  one  at  Baton 
Rouge — in  all  five  companies  only,  within  reach,  to  garrison  or  reen- 
force  the  forts  mentioned  in  the  "  Views." 

General  Scott  is  all  solicitude  for  the  safety  of  the  Union.     He  is, 
however,  not  without  hope  that  all  dangers  and  difficulties  will  pass 
away  without  leaving  a  scar  or  painful  recollection  behind. 
The  Secretary's  most  obedient  servant, 

WINFIELD  SCOTT. 

October  30*A,  1860. 


APPENDIX.  291 


MESSAGE  OF   THE   PRESIDENT   OF  THE   UNITED   STATES,   OF 
THE  STH  OF  JANUARY,  1861. 


January  9,  1861. — Read  and  referred,  with  instructions,  to  a  Select 
Committee  of  five,  and  ordered  to  be  printed. 


To  the  Senate  and  House  of  Representatives  : 

At  the  opening  of  your  present  session  I  called  your  attention  to 
the  dangers  which  threatened  the  existence  of  the  Union.  I  expressed 
my  opinion  freely  concerning  the  original  causes  of  those  dangers,  and 
recommended  such  measures  as  I  believed  would  have  the  effect  of 
tranquillizing  the  country  and  saving  it  from  the  peril  in  which  it  had 
been  needlessly  and  most  unfortunately  involved.  Those  opinions  and 
recommendations  I  do  not  propose  now  to  repeat.  My  own  cojnvic- 
tions  upon  the  whole  subject  remain  unchanged. 

The  fact  that  a  great  calamity  was  impending  over  the  nation  was 
even  at  that  time  acknowledged  by  every  intelligent  citizen.  It  had 
already  made  itself  felt  throughout  the  length  and  breadth  of  the  land. 
The  necessary  consequences  of  the  alarm  thus  produced  were  most 
deplorable.  The  imports  fell  off  with  a  rapidity  never  known  before, 
except  in  time  of  war,  in  the  history  of  our  foreign  commerce ;  the 
Treasury  was  unexpectedly  left  without  the  means  which  it  had  rea 
sonably  counted  upon  to  meet  the  public  engagements ;  trade  was 
paralyzed ;  manufactures  were  stopped  ;  the  best  public  securities 
suddenly  sunk  in  the  market ;  every  species  of  property  depreciated 
more  or  less  ;  and  thousands  of  poor  men,  who  depended  upon  their 
daily  labor  for  their  daily  bread,  were  turned  out  of  employment. 

I  deeply  regret  that  I  am  -not  able  to  give  you  any  information 
upon  the  state  of  the  Union  which  is  more  satisfactory  than  what  I  was 
then  obliged  to  communicate.  On  the  contrary,  matters  are  still  worse 
at  present  than  they  then  were.  When  Congress  met,  a  strong  hope 
pervaded  the  whole  public  mind  that  some  amicable  adjustment  of  the 
subject  would  speedily  be  made  by  the  representatives  of  the  States 
and  of  the  people,  which  might  restore  peace  between  the  conflicting 


292  APPENDIX. 

sections  of  the  country.  That  hope  has  been  diminished  by  every  hour 
of  delay ;  and  as  the  prospect  of  a  bloodless  settlement  fades  away, 
the  public  distress  becomes  more  and  more  aggravated.  As  evidence 
of  this,  it  is  only  necessary  to  say  that  the  treasury  notes  authorized 
by  the  act  of  17th  December  last  were  advertised,  according  to  the 
law,  and  that  no  responsible  bidder  offered  to  take  any  considerable 
sum  at  par  at  a  lower  rate  of  interest  than  twelve  per  cent.  From 
these  facts  it  appears  that,  in  a  government  organized  like  ours,  do 
mestic  strife,  or  even  a  well-grounded  fear  of  civil  hostilities,  is  more 
destructive  to  our  public  and  private  interests  than  the  most  formidable 
foreign  war. 

In  my  annual  message  I  expressed  the  conviction,  which  I  have 
long  deliberately  held,  and  which  recent  reflection  has  only  tended  to 
deepen  and  confirm,  that  no  State  has  a  right  by  its  own  act  to  secede 
from  the  Union,  or  throw  off  its  Federal  obligations  at  pleasure.  I 
also  declared  my  opinion  to  be  that,  even  if  that  right  existed  and 
should  be  exercised  by  any  State  of  the  confederacy,  the  executive  de 
partment  of  this  government  had  no  authority  under  the  Constitution 
to  recognize  its  validity  by  acknowledging  the  independence  of  such 
State.  This  left  me  no  alternative,  as  the  chief  executive  officer  under 
the  Constitution  of  the  United  States,  but  to  collect  the  public  revenues 
and  to  protect  the  public  property  so  far  as  this  might  be  practicable 
under  existing  laws.  This  is  still  my  purpose.  My  province  is  to 
execute,  and  not  to  make  the  laws.  It  belongs  to  Congress,  exclu 
sively,  to  repeal,  to  modify,  or  to  enlarge  their  provisions,  to  meet  exi 
gencies  as  they  may  occur.  I  possess  no  dispensing  power. 

I  certainly  had  no  right  to  make  aggressive  war  upon  any  State, 
and  I  am  perfectly  satisfied  that  the  Constitution  has  wisely  withheld 
that  power  even  from  Congress.  But  the  right  and  the  duty  to  use 
military  force  defensively  against  those  who  resist  the  Federal  officers 
in  the  execution  of  their  legal  functions,  and  against  those  who  assail 
the  property  of  the  Federal  government,  is  clear  and  undeniable. 

But  the  dangerous  and  hostile  attitude  of  the  States  toward  each 
other  has  already  far  transcended  and  cast  in  the  shade  the  ordinary 
executive  duties  already  provided  for  by  law,  and  has  assumed  such 
vast  and  alarming  proportions  as  to  place  the  subject  entirely  above 
and  beyond  executive  control.  The  fact  cannot  be  disguised  that  we 
are  in  the  midst  of  a  great  revolution.  In  all  its  various  bearings, 
therefore,  I  commend  the  question  to  Congress,  as  the  only  human 
tribunal,  under  Providence,  possessing  the  power  to  meet  the  existing 


APPENDIX.  293 

emergency.  To  them,  exclusively,  belongs  the  power  to  declare  war, 
or  to  authorize  the  employment  of  military  force  in  all  cases  contem 
plated  by  the  Constitution ;  and  they  alone  possess  the  power  to  re 
move  grievances  which  might  lead  to  war,  and  to  secure  peace  and 
union  to  this  distracted  country.  On  them,  and  on  them  alone,  rests 
the  responsibility. 

The  Union  is  a  sacred  trust  left  by  our  revolutionary  fathers  to 
their  descendants ;  and  never  did  any  other  people  inherit  so  rich  a 
legacy.  It  has  rendered  us  prosperous  in  peace  and  triumphant  in 
war.  The  National  flag  has  floated  in  glory  over  every  sea.  Under 
its  shadow  American  citizens  have  found  protection  and  respect  in  all 
lands  beneath  the  sun.  If  we  descend  to  considerations  of  purely 
material  interest,  when,  in  the  history  of  all  time,  has  a  confederacy 
been  bound  together  by  such  strong  ties  of  mutual  interest  ?  Each 
portion  of  it  is  dependent  on  all,  and  all  upon  each  portion,  for  pros 
perity  and  domestic  security.  Free  trade  throughout  the  whole  supplies 
the  wants  of  one  portion  from  the  productions  of  another,  and  scatters 
wealth  everywhere.  The  great  planting  and  farming  States  require 
the  aid  of  the  commercial  and  navigating  States  to  send  their  produc 
tions  to  domestic  and  foreign  markets,  and  to  furnish  the  naval  power 
to  render  their  transportation  secure  against  all  hostile  attacks. 

Should  the  Union  perish  in  the  midst  of  the  present  excitement, 
we  have  already  had  a  sad  foretaste  of  the  universal  suffering  which 
would  result  from  its  destruction.  The  calamity  would  be  severe  in 
every  portion  of  the  Union,  and  would  be  quite  as  great,  to  say  the 
least,  in  the  Southern  as  in  the  Northern  States.  The  greatest  aggra 
vation  of  the  evil,  and  that  which  would  place  us  in  the  most  unfavor 
able  light  both  before  the  world  and  posterity,  is,  as  I  am  firmly  con 
vinced,  that  the  secession  movement  has  been  chiefly  based  upon  a 
misapprehension  at  the  South  of  the  sentiments  of  the  majority  in 
several  of  the  Northern  States.  Let  the  question  be  transferred  from 
political  assemblies  to  the  ballot-box,  and  the  people  themselves  would 
speedily  redress  the  serious  grievances  which  the  South  have  suffered. 
But,  in  Heaven's  name,  let  the  trial  be  made  before  we  plunge  into 
armed  conflict  upon  the  mere  assumption  that  there  is  no  other  alter 
native.  Time  is  a  great  conservative  power.  Let  us  pause  at  this 
momentous  point  and  afford  the  people,  both  North  and  South,  an 
opportunity  for  reflection.  Would  that  South  Carolina  had  been  con 
vinced  of  this  truth  before  her  precipitate  action  !  I,  therefore,  appeal 
through  you  to  the  people  of  the  country  to  declare  in  their  might  that 


294:  APPENDIX. 

the  Union  must  and  shall  be  preserved  by  all  constitutional  means.  I 
most  earnestly  recommend  that  you  devote  yourselves  exclusively  to 
the  question  how  this  can  be  accomplished  in  peace.  All  other 
questions,  when  compared  with  this,  sink  into  insignificance.  The 
present  is  -no  time  for  palliatives  ;  action,  prompt  action,  is  required. 
A  delay  in  Congress  to  prescribe  or  to  recommend  a  distinct  and 
practical  proposition  for  conciliation  may  drive  us  to  a  point  from 
which  it  will  be  almost  impossible  to  recede. 

A  common  ground  on  which  conciliation  and  harmony  can  be  pro 
duced  is  surely  not  unattainable.  The  proposition  to  compromise  by 
letting  the  North  have  exclusive  control  of  the  territory  above  a 
certain  line,  and  to  give  Southern  institutions  protection  below  that 
line,  ought  to  receive  universal  approbation.  In  itself,  indeed,  it  may 
not  be  entirely  satisfactory ;  but  when  the  alternative  is  between  a 
reasonable  concession  on  both  sidts  and  a  destruction  of  the  Union,  it 
is  an  imputation  upon  the  patriotism  of  Congress  to  assert  that  its 
members  will  hesitate  for  a  moment. 

Even  now  the  danger  is  upon  us.  In  several  of  the  States  which 
have  not  yet  seceded,  the  forts,  arsenals,  and  magazines  of  the  United 
States  have  been  seized.  This  is  by  far  the  most  serious  step  which  has 
been  taken  since  the  commencement  of  the  troubles.  This  public 
property  has  long  been  left  without  garrisons  and  troops  for  its  protec 
tion,  because  no  person  doubted  its  security  under  the  flag  of  the 
country  in  any  State  of  the  Union.  Besides,  our  small  army  has 
scarcely  been  sufficient  to  guard  our  remote  frontiers  against  Indian 
incursions.  The  seizure  of  this  property,  from  all  appearances,  has 
been  purely  aggressive,  and  not  in  resistance  to  any  attempt  to  coerce  a 
State  or  States  to  remain  in  the  Union. 

At  the  beginning  of  these  unhappy  troubles  I  determined  that  no 
act  of  mine  should  increase  the  excitement  in  either  section  of  the 
country.  If  the  political  conflict  were  to  end  in  a  civil  war,  it  was  my 
determined  purpose  not  to  commence  it,  nor  even  to  furnish  an  excuse 
for  itv  by  an  act  of  this  government.  My  opinion  remains  unchanged, 
that  justice  as  well  as  sound  policy  requires  us  still  to  seek  a  peaceful 
solution  of  the  questions  at  issue  between  the  North  and  the  South. 
Entertaining  this  conviction,  I  refrained  even  from  sending  reenforce- 
ments  to  Major  Anderson^  who  commanded  the  forts  in  Charleston 
harbor,  until  an  absolute  necessity  for  doing  so  should  make  itself  ap 
parent,  lest  it  might  unjustly  be  regarded  as  a  menace  of  military  coer 
cion,  and  thus  furnish,  if  not  a  provocation,  a  pretext  for  an  outbreak  on 


APPENDIX.  295 

the  part  of  South  Carolina.  No  necessity  for  these  reinforcements 
seemed  to  exist.  I  was  assured  by  distinguished  and  upright  gentlemen 
of  South  Carolina*  that  no  attack  upon  Major  Anderson  was  intended, 
but  that,  on  the  contrary,  it  was  the  desire  of  the  State  authorities,  as 
much  as  it  was  my  own,  to  avoid  the  fatal  consequences  which  must 
eventually  follow  a  military  collision. 

And  here  I  deem  it  proper  to  submit,  for  your-  information,  copies 
of  a  communication,  dated  December  28,  1860,  addressed  to  me  by 
R.  W.  Barnwell,  J.  H.  Adams,  and  J.  L.  Orr,  "  Commissioners"  from 
South  Carolina,  with  the  accompanying  documents,  and  copies  of  my 
answer  thereto,  dated  December  31. 

In  further  explanation  of  Major  Anderson's  removal  from  Fort 
Moultrie  to  Fort  Sumter,  it  is  proper  to  state  that,  after  my  answer  to 
the  South  Carolina  "  Commissioners,"  the  War  Department  received 
a  letter  from  that  gallant  officer,  dated  December  27,  1860,  the  day 
after  this  movement,  from  which  the  following  is  an  extract : 

UI  will  add,  as  my  opinion,  that  many  things  convinced  me  that 
the  authorities  of  the  State  designed  to  proceed  to  a  hostile  act"  [evi 
dently  referring  to  the  orders  dated  December  11,  of  the  late  Secretary 
of  War].  "  Under  this  impression,  I  could  not  hesitate  that  it  was 
my  solemn  duty  to  move  my  command  from  a  fort  which  we  could 
not  probably  have  held  longer  than  forty-eight  or  sixty  hours  to  this 
one,  where  my  power  of  resistance  is  increased  to  a  very  great  degree." 
It  will  be  recollected  that  the  concluding  part  of  these  orders  was  in 
the  following  terms :  "  The  smallness  of  your  force  will  not  permit 
you,  perhaps,  to  occupy  more  than  one  of  the  three  forts  ;  but  an  at 
tack  on,  or  attempt  to  take  possession  of  either  one  of  them,  will  be 
regarded  as  an  act  of  hostility,  and  you  may  then  put  your  command 
into  either  of  them  which  you  may  deem  most  proper  to  increase  its 
power  of  resistance.  You  are  also  authorized  to  take  similar  defen 
sive  steps  whenever  you  have  tangible  evidence  of  a  design  to  proceed 
to  a  hostile  act." 

It  is  said  that  serious  apprehensions  are,  to  some  extent,  entertained, 
in  which  I  do  not  share,  that  the  peace  of  this  District  may  be  dis 
turbed  before  the  4th  of  March  next.  In  any  event,  it  will  be  my 
duty  to  preserve  it,  and  this  duty  shall  be  performed. 

In  conclusion,  it  may  be  permitted  to  me  to  remark  that  I  have 
often  warned  my  countrymen  of  the  dangers  which  now  surround  us. 

*  Messrs  McQueen,  Miles,  Bonham,  Boyce,  and  Keitt,  members  of  the  House  of 
Representatives  from  South  Carolina,  on  the  8th  of  December,  1860. 


APPENDIX. 

This  may  be  the  last  time  I  shall  refer  to  the  subject  officially.  I  feel 
that  my  duty  has  been  faithfully,  though  it  may  be  imperfectly,  per 
formed  ;  and  whatever  the  result  may  be,  I  shall  carry  to  my  grave 
the  consciousness  that  I  at  least  meant  well  for  my  country. 

JAMES  BUCHANAN. 

WASHINGTON  CITY,  Jan.  8,  1861. 


THE     END. 


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The  Conflict  and  the  Victory  of  Life. 

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The  Conversion  of  -the  Roman  Empire. 

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The  Classification  of  the  Sciences.     To 

which  are  added  Reasons  for  Dissenting  from  the  Philosophy  of  M.  COMTE.  By 
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Lyra  Anglicana ;  or,  A  Hymnal  of  Sacred 

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Lyra  Americana ;   or,  Verses  of  Praise 

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On  Radiation.     The   "Rede"  Lecture, 

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Histoire  de  Jules  Cesar. 

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The  Handbook  of  Dining,  or  Corpulency 

and  Leanness  Scientifically  Considered ;  comprising  the  Art  of  Dining  on  Cor- 

4fcect  Principles,  Consistent  with  Easy  Digestion,  the  Avoidance  of  Corpulency, 

and  the  Cure  of  Leanness.     Together  \vith  special  remarks  on  the  subjects. 

By  BRILLAT-SAVARIN,  author  of  the  "  Ph'ysiologie  du  Gout.','    Translated  by 

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Freedom  of  Mind  in  Willing,  or  Every 

Being  that  Wills  a  Creative  First  Cause.    By  ROWLAND  G.  HAZARD.      12mo? 
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Beatrice.     By  Julia  Kavanagh,  author 

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tion."—  Troy  Times.  • 

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Report  of  the  Council  of  Hygiene  and 

Public  Health  of  the  Citizens'  Association  of  New  York  upon  the  Sanitary 
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"  The  result  is  no  mere  collection  of  statistics,  but  interesting,  deeply  interesting  rehearsals  of 
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At  Anchor :  A  Story  of  our  Civil  War, 

by  an  American.     12mo.     Cloth.     Price,  $1.50. 

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